- (1.) B. K. Rathi, J. This is a petition under Section 482, Cr. P. C. to quash the proceedings of case No. 747 of 1999 against the applicants pending in the Court of C. J. M. , Farukkhabad and also to quash the non-bailable warrants issued against the applicants. The facts giving rise to this petition are as follows:
(2.) THE husband of applicant No. 1, Sri. Bhagwan Das Rastogi had two sons namely, Manoj Rastogi and Atul Rastogi. THE applicant No. 2 is the wife of Manoj Rastogi. THE second son, Atul Rastogi was married to opposite party No. 3 of 30-11-1995. That after the marriage with op posite party No. 3, she came to the house of the appellants, it transpired that she is not a normal lady of sound mind but is a chronic patient of mental disorder and is suffering with disease schizophrenia. That accordingly, her parents were informed. THE father of opposite party No. 3 is a Senior Judicial Officer, presently posted as District Judge. THEy took the opposite party No. 3 on 5-12-1995. That the mar riage was performed by suppressing the facts and therefore, a Matrimonial Suit No. 4 of 1996 was filed on 1-1-1996 by the husband of opposite party No. 3 to declare the marriage as void on the ground of insanity of the opposite party No. 3. In that suit the opposite party No 3 has been directed to pay the maintenance and her husband is paying the maintenance regularly and till now paid about Rs. 90,000. That the father of opposite party No. 3 being District Judge is well conver sant with the law and therefore he lodged an F. I. R. against the applicants and her other family members for an offences under Sections 498-A, 323 and 506, I. P. C. and 3/4 of Dowry Prohibition Act. That the F. I. R. was lodged in order to put pressure to withdraw the matrimonial suit. That opposite party No. 3 lived at the house of the applicants only for five days and went on 5-1-1995. The F. I. R. was lodged after long delay on 5-3-1999 and it has been filed as a lever to terrorise the applicants. That the applicants filed a petition in this Court, in which their arrest was stayed. That how ever, now the charge-sheet has been filed and therefore, the applicants have prayed for quashing of the F. I. R. and charge sheet. As against this the contention of the learned Counsel for the opposite party No. 3 is that she was being harassed and was tortured in connection with the demand of Maruti Car, Frost Free Refrigerator, Video con TV Bazooka and Washing Machine. That certain amounts were paid by the father of the opposite party No. 3 but he was not able to meet all the demands. That it was totally false that the opposite party No. 3 is a person of unsound mind and suffering from any dis ease. That she has passed High School and Intermediate examinations in 1st Division and in B. A. she obtained 50% marks and is not doing M. A. in English. That the ap plicants are trying to remarry the husband of the opposite party No. 3 and therefore, she also filed a suit which is pending. That therefore there is no ground to quash the charge-sheet.
(3.) I have heard Sri R. B. Sahai, learned Counsel for the applicants, Sri S. C. Verma, learned Counsel for opposite party No. 3 and the learned A. G. A. and have gone through the record. Whether the opposite party No. 3 is a patient of schizophrenia and is a lady of menial disorder or the dispute between the parties took place in connection with the demand of dowry is purely a question of fact and cannot be decided in these proceedings. Even prima facie the allega tions of the applicants can not be accepted because the opposite party No. 3 is an educated lady, passed all examination in first divisions and now doing M. A. (final) in English Literature. Therefore, it is not a case where prima facie contention of the applicants may be accepted that she is a lady of unsound mind. This point, there fore, can be decided by the Court after recording the evidence of the parties.;