AMAR SARAN, J. - (1.) HEARD Shri H.K. Sharma, learned counsel for the applicant, Shri P.K. Pandey learned counsel for the complainant and learned AGA and perused the material on record.
(2.) THIS application has been filed under Section 482 Cr. P.C. for quashing the charge sheet bearing No. 8 of 2000 in case No. 3377 of 2000, and Criminal proceedings under Section 506 IPC, pending in the Court of C.J.M., Varanasi. An application dated 28-10-99 was given to the SSP, Varanasi by Smt. Geeta alleging that she had married applicant Ravi Kant on 12-3-1993. The application also detailed a list of items that had been given by the informant's brother to her husband and other in-laws at the time of marriage. But the informant's husband and other in laws were dissatisfied and they were demanding additional dowry for which they began to torture her. As the demands could not be met by her brother who was in dire straits as her father had died earlier, the informant was turned out of her house in the clothes that she was wearing. She thereafter lodged a report about that earlier incident at the Mahila thana, Varanasi. She met the applicant on the date of incident (which is not mentioned in the F.I.R.) at about 11.30 a.m. in the District Court when he had come there as a date was fixed in connection with the earlier case. The applicant told her outside the Varanasi district Court in the presence of certain counsel that he would not return her goods for which she was sending repeated demands, and he would also not make any payment in respect of the levy warrant for the maintenance amount for which the date was fixed for 20-11-99, on the basis of her decree in proceedings under Section 125 Cr. P.C. He dared her to act as she desired and stated that if she pursued him any further then he would get her finished off. She further prayed in the application that the inspector Cantt. be directed to register a case and to take legal action against the applicant, and get her goods returned.
(3.) ON the basis of this application an FIR was registered against the applicant on 30-10-99 at Case Crime No. 518 of 99 at P.S. Cantt. district Varanasi under Sections 506/406 IPC. After investigation however a charge sheet dated 10-1-2000 was only submitted under Section 506 IPC as according to the Investigating officer no case under Section 406 IPC was made out.;