Umesh Chandra Srivastava, J. - (1.) Applicants by means of this application under section 482 Cr.P.C. have invoked the jurisdiction of this Court seeking quashing of entire proceedings of case no. 2297 of 2010 arising out of case crime no. 481 of 2010 under section 406 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Katra, District Shahjahanpur pending in court of Additional Civil Judge (J.D.) Tilhar, Sahjahanpur.
(2.) Facts relevant for the disposal of present application are that, opposite party no. 2 Narendra Singh had lodged an F.I.R. against the applicants with allegations that marriage of his daughter Km. Resu was settled with applicant no. 1 Amit Kumar Singh, on 02.12.2009 and roka ceremony was performed. In roka ceremony opposite party no. 2 had given Rs. 5000/- cash to applicants and thereafter ceremony of Godbharai was also performed. It was further stated that after the aforesaid ceremonies applicant demanded a sum of Rs. 5 lakhs as dowry at the time of tilak from opposite party no. 2 and the latter having expressed his inability to fulfill the demand, they broke out the marriage and did not return the money they had taken at the time of roka ceremony.
(3.) The report lodged by opposite party no. 2 against applicants was investigated upon by Sub-Inspector and allegations made therein being found false, a final report was submitted. Opposite party no. 2 had filed a protest petition against the final report which was considered by the learned Magistrate. The learned Magistrate after having considered the materials collected during the course of investigation came to the conclusion that a case under section 406 I.P.C. and section 3/4 Dowry Prohibition Act was made out and, accordingly, he while rejecting the final report straight way summoned the applicants to face trial for the offences under section 406 I.P.C. and section 3/4 Dowry Prohibition Act vide his order dated 30.07.2010 against which the present application has been filed.;