SHRI KANT TRIPATHI,J. - (1.) THESE two petitions under section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') have been filed for quashing the charge sheet filed in case crime no. 6/2006 under sections 498-A IPC and section 3/4, Dowry Prohibition Act, P.S. Phase II, district Gautam Budh Nagar.
(2.) BOTH the petitions having been filed against the same charge sheet, are being disposed of by this common order. Heard the learned counsel for the petitioners and the learned counsel for the complainant and the learned AGA for the State and perused the record.
(3.) CRIMINAL Misc. Application no. 34479/2008 has been filed by the husband Ujjwal Paidapathi and criminal misc. application no. 3105 of 2007 has been filed by P.S. Naidu and Smt. P Shilpa Naidu (father in law and mother in law). All the petitioners are permanent residents of Hyderabad (Andhra Pradesh). According to the allegations made in the FIR and the materials collected during the investigation, the marriage of the petitioner husband Ujjwal Paidapathi and complainant Swati Tyagi was an arranged marriage, which took place on 4.2.2004 at Hyderabad. Both the husband and wife left for United States of America in the mid of February 2004 and since then they had been living in United States of America. It is alleged in the FIR that father in law and mother in law used to repeatedly instigate the husband against the complainant from Hyderabad and due to which, the husband used to treat her with cruelty in United States of America. It is also alleged that the husband had been pressurising the complainant to hand over to his parents, her share in the parental gift/money given as wedding presents to her by her father at the time of her marriage, which had been kept in the Standard Chartered Bank, Noida in the joint name of the complainant and her sister Priyanka Tyagi, who is also married and settled in United States of America. It is alleged that the father in law and the mother in law of the complainant wanted her to handover her entire amount alongwith the golden jewellery to them. The husband used to pressurise her for making compliance of the desires of his parents and gave threatening to divorce and also asked her to make arrangements of the requisite money for her education from her sister or parents. He further wanted the complainant's parents to send money for complainant's air ticket from United States of America to India when she desired to come back but the complainant did not yield to the pressure of her father in law, mother in law and husband. It is further alleged that the complainant's parents requested the father in law and mother in law of the complainant to visit Delhi for sorting out the issue but they ignored the request, consequently, no negotiation took place.;