Sanjay Kumar Singh, J. - (1.) Heard Sri Manvendra Nath Singh, learned counsel for the applicants, Sri Birendra Kumar Singh, learned Additional Government Advocate assisted by Sri Prashant Kumar Singh, learned Brief holder for the State/opposite party no.1 and Sri Manish Jaiswal, learned counsel for the opposite party no.2 and perused the record with the assistance of learned counsel for the parties.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet no. 34 of 2018 dated 23.07.2018 arising out of Case Crime No. 0005 of 2017 as well as cognizance order dated 05.04.2019 and proceedings of case no.8333 of 2018 (State Vs. Alok Jaiswal and others), under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District -Allahabad pending in the court of 18th Additional Chief Judicial Magistrate, Allahabad.
(3.) Filtering out unnecessary details, the basic facts, in brief, which are necessary to dispose of the case are encapsulated as under:- The applicant no.1 is husband and applicant no.2 is brother-in-law (Jeth) of the opposite party no.2 Sonali Jaiswal. The marriage of applicant no.1 was solemnized on 14.2.2013 with opposite party no.2, but their marriage was not successful, as a result thereof, the opposite party no.2 lodged FIR dated 22.1.2017 against the applicants, her father-in-law and sister-in-law making various allegations of beating, harassment and torture adopting different mods-operandi, on account of non-fulfillment of demand of dowry, etc. The Investigating Officer after investigation submitted charge-sheet dated 23.7.2018, on which, the Magistrate concerned took cognizance on 25.9.2018. The said cognizance order dated 25.9.2018 was challenged by the applicants through an application under Section 482 Cr.P.C. No. 773 of 2019, which was allowed by order dated 10.1.2019 of the co-ordinate Bench of this Court and cognizance order dated 25.9.2018 was quashed on the ground that the same was passed on a printed proforma without application of judicial mind and without considering any material brought on record by the Investigating Officer alongwith charge-sheet. By order dated 10.1.2019, liberty was also given to the Magistrate concerned to pass fresh order in accordance with law. Thereafter, A.C.J.M., Court No.18, Allahabad again passed the order dated 5.4.2019 taking cognizance of the offence and summoned the applicants afresh under Sections 498A, 323, 308, 342, 504, 506, 406 I.P.C. and ¾ Dowry Prohibition Act to face trial. In the aforesaid background, the instant application has been preferred by the applicants.;