- (1.) Heard learned counsel for the applicant, learned AGA and perused the record. No notice is issued to the private opposite party no. 2 in view of the order proposed to be passed today. However, liberty is reserved for private opposite party to apply for variation or modification of this order, if he feels so aggrieved.
(2.) The applicants, Alok Srivastava and two others, through this application moved under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of the S.T. No. 176 of 2015 (State Vs. Alok Srivastava) arising out of Case Crime No. 373 of 2014 under Sections 498A, 304B, 323, 504 IPC and 3/4 D.P. Act, P.S. Panki, District Kanpur Nagar pending before the F.T.C. Kanpur Nagar as well as charge sheet dated 14.1.2015 and cognizance order dated 23.11.2015 and stay the further proceedings of the aforesaid session trial.
(3.) It is submitted by the learned counsel for the applicants that the first information report was lodged by the opposite party no. 2 with the allegation that marriage of the daughter of the opposite party no. 2 namely Pooja was solemnized with the applicant no. 1 on 8.4.2011 according to the Hindu ritual rites and custom. It is further submitted that all the family members were threatening the daughter of the opposite party no. 2 and in that process they pushed her from the third floor of the flat. The deceased succumbed to injury. The informant has given a cheque of three lacs in the name of mother of applicant no. 1 but non fulfilment of demand of Rs. five lacs the husband and in laws used to harass the deceased. It is submitted that there is a delay of four days in lodging the FIR and the deceased had jumped from the third floor of the flat. In the postmortem report, no injury was shown on the body of the deceased which clearly indicates that no 'marpeet' took place. The case was registered under Section 323, 498A, 504 and 3/4 D.P. Act but the charge sheet was submitted under Sections 498A, 304B, 504 IPC and 3/4 D.P. Act. The applicants have been enlarged on bail on account of this irregularity. There is no evidence to incriminate the applicants in the present case. The applicants have no nexus with the present offence. Moreover, applicant nos. 2 and 3 are of old age and suffering from old age disease. The applicants have been falsely implicated in this case. Learned Magistrate failed to take consideration in the factual and legal aspect of the matter and took cognizance of the charge sheet which is bad in law. No prima facie case is made out against the applicants. Per contra, learned AGA contends that in the postmortem report deceased has sustained eight injuries on her person. The Doctor Hargobind, PW-3 before the trial court stated on oath that immediate cause of death Coma due to head injuries which can only be caused by throwing from the roof of the flat after doing marpeet.;