PALOK BASU, J. - (1.) THIS is an application under Section 482, Cr. P. C. filed by Ramesh and six others which included brothers of Ramesh Chand and his sister-in-law (Bhabhi). It has been prayed in this application that a com­plaint filed by opposite party No. 2. Baijnath praying that proceedings under Section 498-A, I.P.C. pending in the Court of the Metropolitan Magis­trate, Kanpur Nagar, be quashed.
(2.) SHRI A. N. Sinha in support of this application while Sri R. N. Bhalla, learned counsel for opposite party No. 2 and Sri A. K. Yadav, learned A. G. A. have been heard on behalf of the opposite parties. The entire record has been perused. It is not disputed that the opposite party No. 2, Baijnath happens to be the father-in-law of Ramesh Chand, applicant No. 1 and some bad relations are flowing between the parties. It further appears that the mother-in-law of the applicant had in the meantime died. The not able factor, how­ever, is that the marriage between the applicant, Ramesh Chand and Smt. Radha, daughter of opposite party no. 2 was solemnised on 15-4-1982. Section 498-A has been brought on the statute book in the year. Consequently, this section will have no application, if any allegation relating to alleged dowry is made later on, i.e., subsequent to the marriage.
(3.) THIS being the legal background it has to be minutely examined whether the allegations made in the complaint would go to make out an offence under Section 498-A or not. There is no doubt that some allegations have been made that the wife was maltreated and was asked to bring the jawellery belonging to her mother from her father and unless that is done the applicant (husband) and his other relatives would not permit her to come and stay with the husband peacefully. This, in effect, is the substance of all the paragraphs 5, 6, 7 and 8 of the complaint. The conclusion of the complai­nant has been narrated in paragraphs 12 and 13 which translated into English would read as follows; - Para 12. - "That the aforesaid accused are greedy for dowry and are insisting and demanding illegal dowry which is punishable offence." Para 13. - "That the accused Nos. 1 to 7 have thus committed offence under Section 498-A, I. P. C. which is fully established against them." ;