- (1.) Heard Sri Suresh Singh, learned counsel for the applicant and the learned A.G.A.
(2.) The present Section 482 Cr.P.C. application has been filed for quashing the Charge Sheet dated 24.2.2016 and the entire consequential proceedings of Case Crime No. 102 fo 2015, under Sections 498A, 304B IPC read with Section 3/4 D.P. Act at P.S. Kotwali, District Fatehpur, pending in the Court of Chief Judicial Magistrate, Fatehpur.
(3.) It is submitted that applicant was earlier married to the daughter of O.P. no.2, i.e, Priyanka on 8.7.2008 and as the said marriage was against her will and wish, she committed suicide on 28.11.2008, whereafter applicant solemnized a marriage with the younger daughter of O.P. no.2, i.e, Namrata on 8.8.2013, but as O.P. no.2 did not accept the said second marriage, he lodged an FIR against the applicant as Case Crime no. 378 of 2013 under Sections 363, 366, 506 IPC, P.S. Kotwali, District Fatehpur on 21.8.2013, in which a protective order was passed by this Court on 2.9.2013 in Writ-C No. 45536 of 2013 in favour of the applicant in view of the statement of Ms. Namrata. It is also submitted that as O.P. no.2 did not approve the second marriage, he filed an application u/s 156(3) CrPC against the applicant on 5.11.2014, i.e, after 6 years of the alleged occurrence dated 28.11.2008 making baseless allegations of demand of dowry, alleging a dowry death, pursuant to which an FIR came to be lodged against the applicant on 27.2.2015, in which a charge sheet was submitted on 24.2.2016, cognizance taken under Sections 498-A, 304-B IPC and 3/4 D.P. Act. It is thus submitted that prosecution of applicant in respect of aforesaid offences in the light of above background circumstances is a sheer abuse of the process of the Court, to wreck personal vengeance as against the applicant, as O.P. no.2 never reconciled to the marriage of applicant with his younger daughter.;