M.K. Mittal, J. - (1.) THIS application has been filed under Section 482, Cr.P.C. for quashing the charge -sheet No. 14/02, State v. Dheeraj Jain and Ors. under Sections 498A and 406, I.P.C. and Sections 3/4, Dowry Prohibition Act in Criminal Case No. 5066/02 pending in the Court of Chief Judicial Magistrate, Saharanpur.
(2.) HEARD the applicant Sri Dheeraj Jain in person, and Mr. G.S. Hajela learned Counsel for the opposite party No. 2 and learned AGA for the State and perused the material on record. Counter and rejoinder affidavits have been exchanged. The brief facts of the case are that the opposite party No. 2 filed an application under Section 156(3), Cr.P.C. and on that basis learned Magistrate directed for registration of the case and after investigation charge -sheet has been submitted against the accused persons. The case as taken in the First Information Report is that Smt. Shikha was married with Dheeraj Jain according to Hindu rites on 29.6.2001. Dowry was given at the time of the marriage. After marriage the opposite party No. 2 went to her sasural in Delhi. The informant was asked to bring Rs. 2,50,000 and Maruti car but when she told that her father was not in a capacity to give these things, she was badly beaten and no food was given to her for several days. About two months prior to the filing of the application her maternal uncle Anil Kumar Jain came to know about harassment and came to her sasural and tried to explain the things but the accused were adamant and she was brought to Saharanpur. After some time the informant along with Anil Kumar Jain came to her sasural and Rs. 50,000 were given to applicant No. 1 but still the harassment and demand for additional dowry was not given up and she was again beaten and mentally tortured to the extent that even she decided to commit suicide. She also sent a letter to her maternal uncle. On 25.11.2001 she telephoned her maternal uncle Anil Kumar Jain and told him that she was being continuously harassed and beaten and the accused were adamant for additional dowry. Next day Anil Kumar Jain came to her sasural with some relations and efforts were made to defuse the problem but the accused did not agree and demanded car and Rs. 2,50,000.00 and also told her uncle that if these items were not given there was no need to leave her in her sasural as she would be killed. Thereafter her maternal uncle brought her to Saharanpur.
(3.) THE informant made efforts to lodge the report at police station but it was not written. She gave an application to Superintendent of Police and when no action was taken she filed the application under Section 156(3), Cr.P.C. on 4th December, 2001. First Information Report was registered on 13th December, 2001 after the order was passed by the learned Magistrate on 11th December, 2001.;