M.K.MITTAL, J. - (1.) HEARD Sri. R. B. Saxena the Learned Counsel for the applicant, Sri S.B. Singh the learned Counsel for the opposite party No. 2 and the learned A.G.A. and perused the record. The learned Counsel for the applicant has prayed to delete he names of the applicants No. 4 and 5. He is allowed to do so.
(2.) THE application under Section 482 Cr. P.C. has been filed to quash the charge -sheet dated 16 -7 -2005 in case No. 530/2005, State v. Laxman and Ors., under Sections 498 -A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Court P.S. Kosikalan District Mathura. The brief facts are that opposite party No. 2 Smt. Sunita wife of applicant No. 1 filed an application under Section 156(3) Cr. P.C. alleging that the accused persons ill -treated and harassed her and beat her as she could not fulfil dowry demand and was finally turned out of the house on 8th May, 2005, at about 10 p.m. Even her nose was broken by the accused applicants. The learned Magistrate by order dated 5th July, 2005 directed for registration and investigation of the case and after investigation charge -sheet has been submitted against 3 applicants. The application under Section 156(3) Cr. P.C. was filed against 5 persons.
(3.) THE learned Counsel for the applicants has contended that the opposite party No. 2 has made false allegations against the applicants and 2 persons have not been charge -sheeted although the allegations are similar against all of them. But on this ground charge -sheet against applicants cannot be quashed at this stage. The averments as made in the application under Section 153(3) Cr. P.C., clearly show that there are prima facie allegations against the applicants. The applicants have not filed the statements of the complainant and other witnesses as recorded under Section 161 Cr. P.C.;