O.P. Jain, J. - (1.) This is an application under Section 482 Criminal Procedure Code for quashing proceedings in Case No. 35 of 1993, Ram Swarup v. Gangadeen and others under Sections 366/367/376/498-A/324 Indian Penal Code, pending in the Court of Judicial Magistrate, Etawah.
(2.) The brief facts of the case are that respondent No. 1 Ram Swarup filed a criminal complaint against Gangadeen and others alleging that his daughter Manorama was married with Mahendra Singh son of applicant No.3 Gangadeen on 20.6.86. After her marriage Manorama used to go to her father-in-law's house. After some time Ram Swarup, father of Smt. Manorama purchased a tractor which was borrowed by applicant Gangadeen, Preetam and Gajendra but they dishonestly refused to return the tractor. The dispute between the parties, therefore, arose.
(3.) It is further alleged in the complaint that on 27.1.91 the present applicants accompanied by two other persons came to the house of Ram Swarup and told him that the mother-in-law of Manorama is seriously ill and, therefore, the presence of manorama is essential for looking after her. On the same day Manorama was sent with the accused. Later on complainant Ram Swarup came to know that the mother in law of Manorama was not ill and that she was taken to her in law's house by playing fraud on Ram Swarup. It is said that in the dispute relating to the tractor Manorama's husband Mahendra Singh insisted that the tractor should be returned to Ram Swarup and, therefore, accused applicants scolded him using filthy language. The accused applicants also tortured Mahendra Singh and Manorma due to which Mahendra Singh committed suicide by taking some poisonous substance on 27.2.1991. Due to the death of Mahendra Singh accused became more angry and started treating Manorama with cruelty. It was also alleged that she was repeatedly raped by Gajendra Singh and Preetam due to which she became pregnant. She was confined to his house and was rescued by Ram Swarup with the help of police.;