- (1.) By means of Criminal Misc. Case No. 3909 of 2007 under section 482 Code of Criminal Procedure (for short Cr.P.C') petitioners Jitendra Kumar Srivastava (Maternal uncle Mama), Manju Srivastava (Maternal aunt Mami), Vijay Kumar Srivastava (father in law), Usha Srivastava (Mother in law), Manish Kumar Srivastava (Dever) and Vivek Kumar Srivastava (Devar) and in Criminal Misc. Case No. 1148 of 2008, under Section 482 Cr.P.C., petitioner Neeraj Kumar Srivastava (Husband) have prayed for quashing of charge-sheet no. 157/2007 dated 24.8.2007 filed in case crime no. 225 of 2007 under sections 498A, 323, 504, and 506 IPC and section 3/4 of Dowry Prohibition Act, P.S. Kotwali Akbarpur District Ambedkar Nagar and also summoning order dated 26.10.2007 passed by the Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No. 3321 of 2007 State Vs. Vijay Kumar Srivastava and others.
(2.) Since in both these petitions common question of facts and law are involved so, they are being disposed of by a common order.
(3.) Brief facts for deciding these cases are that Hemant Krishan Srivastava opposite party no. 2, lodged a First Information Report (for short F.I.R.) alleging therein that marriage of his sister Kalpana Srivastava had taken place at Allahabad on 15.10.2002 with Neeraj Kumar Srivastava,(petitioner in Criminal Misc. No. 1148 of 2008) . At the time of marriage petitioners Vijay Kumar Srivastava (father in law), Usha Srivastava (Mother in law), Manish Kumar Srivastava (Dever) and Vivek Kumar Srivastava (Devar) demanded a sum of Rs. 1 lac cash and one Santro car. However, Vidai took place but aforesaid demand by petitioners persisted. After marriage husband Neeraj Kumar Srivastava went to Nagpur alongwith her wife Smt. Kalpana Srivastava where Neeraj Kumar Srivastava was doing business related to computer. Opposite party no. 2 alleged that whenever Smt. Kalpnana Srivastava used to visit Allahabad, she complained against the petitioners for causing physical and mental cruelty by her in-laws. At Nagpur in April, 2005 a female child born out of wedlock of Neeraj Kumar Srivastava and Kalpana Srivastava. Parents and brother of Kalpana Srivastiva visited Nagpur and gave gifts and ornament etc. on the occasion of birth of child, but in-laws were not satisfied and continued to press their demand of car. In June, 2005, she came to her Maika-village Shahjadpur, Akabarpur, District Ambedkar Nagar where function of birth of kalpana's daughter was arranged by opposite party no. 2, in which in-laws were invited. This function was attended by Vijay Kumar Srivastava (father-in-law) Usha Srivastava (mother-in-law) Vivek Kumar Srivastava (Dever) and Sarika Srivastava (sister in law). Thereafter the parents of Kalpana Srivastava requested to in laws for Vidai of her daughter Kalpana Srivastava, but they refused to take Kalpana Srivastava back to matrimonial home and said that unless the demand of car is fulfilled, they shall not allow Kalpana Srivastava in their house. Kalpana Srivastava continued to remain in her parents' house. The in laws even refused to talk her parents on phone. The family members of Kalpana Srivastava went to matrimonial home at Allahabad for several time and requested for Vidai of Kalpana Srivastava. Once they went to Allahabad along with Kalpana Srivastava, but in laws did not permit them to enter into house. Thereafter, opposite party no.2 went to Nagpur. He found that the house of Neeraj Kumar Srivastava was locked. He asked the whereabouts of Neeraj Kumar Srivastava from his parents, but they did not inform about Neeraj Kumar Srivastava. Consequently he returned back from Nagpur.;