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IN THE HIGH COURT OF ALLAHABAD
R. C. DEEPAK, G. P. SRIVASTAVA
RAJESH KUMAR SRIVASTAVA - Appellant
Versus
STATE OF U.P. - Respondents
Crl. Misc. W. P. 1050 Of 2006
Decided On : 02/06/2006
Dowry - Quashing of F.I.R. - The court declined to quash the F.I.R. as the gravity of the allegations and absence of convincing grounds did not warrant interference.
Fact of the Case:
The petition sought to quash the F.I.R. registered under various sections including dowry-related offenses. Serious allegations of ill-treatment and torture, including demand for dowry, were made against the petitioners.
Finding of the Court:
The court declined to interfere with the F.I.R. considering the gravity of the allegations and absence of convincing grounds. The petition was dismissed. The court also addressed a threatening telephonic call made to the respondent's counsel, directing the authorities to provide adequate security and conduct an inquiry.
Issues: Quashing of F.I.R., Allegations of ill-treatment and torture, Threatening telephonic call
Ratio Decidendi: The gravity of the allegations and absence of convincing grounds influenced the court's decision not to quash the F.I.R. The court also emphasized the need for an inquiry into the threatening telephonic call and the provision of adequate security.
Final Decision: The petition lacked merit and was dismissed. The court directed the authorities to provide adequate security to the respondent's counsel and conduct an inquiry into the threatening telephonic call. The bail application of the petitioners, if made, was to be disposed of expeditiously.
( 2 ) WE have heard Sri. M. C. Chaturvedi and Sri. Kamal Krishna, learned counsel for the petitioners, Sri Ashok Nath, Tripathi, learned counsel for the respondent No. 4, learned A. G. A. for the State and perused the record.
( 3 ) THE prayer sought in the present writ petition is for quashing the impugned F. I. R. registered as case crime No. 1 of 2006 under sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act pertaining to Police Station Mahila Thana, District allahabad or other relief as appear expedient in the interest of justice under the facts and circumstances of the case.
( 4 ) THE marriage of the victim Garima srivastava was solemnized on 31-1-1998 with Rajesh Kumar Srivastava. There are serious allegations against the petitioners of ill-treatment and torture to the above-named victim and her parents regarding the demand f dowry which allegedly began from the very next day of her marriage i. e. 1-2-1998. Certain lakhs of rupees were paid in this regard. It is further alleged that the demand of dowary and torture continued as on 11-12-2005 the victim was beaten by her husband at Jamnagar (Gujarat) at the residence of her in-laws house. On information, her old father, retired from service, approached her, but the victim, her little daughter and father suffered injuries at his hands and on the intervention of the inhabitants of the locality, they were saved. Relating to this occurrence, a complaint was made, at police station J. P. Road, Baroda (Gujarat ). Their injuries were examined. The same have also been brought on record. Anyhow, they managed the fare and returned to Allahabad. The surrounding circumstances compelled Smt. Garima Srivastava to file an application under Section 24 of hindu Marriage Act for divorce.
( 5 ) CONSIDERING the facts and circumstances, the gravity of the allegations made in F. I. R. and in absence of any convincing ground pointed out on behalf of the petitioners to warrant interference in the same, we are not inclined to make any interference in the impugned F. I. R.
( 6 ) THE petition lacks merit and is accordingly dismissed.
( 7 ) WE have only pointed out the facts and circumstances available on record and any finding in this regard in no way influence the trial court in deciding and disposing of the case on merit in accordance with law.
( 8 ) ANOTHER aspect of the matter is also very peculiar and astonishing. Sri Ashok nath Tripathi, learned counsel for the respondent no. 4 has filed his own affidavit wherein it is mentioned that a threatening telephonic call was given to him to the effect that if he contest the case against Rajesh kumar Srivastava, he and his children will be killed. The relevant portions of the conversation are noted as below: caller : Hello, kya turn Ashok Nath tripathi ho, ashok : Jee haan. Caller : Kya turn Garima ka case lad rahe ho. Ashok: Jee haan. Caller: Turn Rajesh kya khilaf mukadama karogay to tumhey main katwa daalungaa. Tumhare bacchon ko uthwa loonga. Yaad rahe. Ashok: Aap jo bhi ho, saamne aakar baat kariyay. Caller : waqt aane per saamne bhi aayange.
( 9 ) THE above mentioned deponent has also prayed that the Senior Superintendent of Police, Allahabad be directed to provide him adequate security and the F. I. R. in this regard be also lodged.
( 10 ) THE alleged mischief is cognizable one. It cannot be overlooked summarily and on enquiry is necessarily required to be made to work out the truth for the maintenance of majesty of law.
( 11 ) THEREFORE, we observed that in the event, Sri Ashok Bnath Tripathi, learned counsel makes an application regarding the threatening and misbehaviour, as mentioned in his affidavit, to the Senior Superintendent of Police, Allahabad, the authority concerned shall provide adequate security to Sri ashok Nath Tripathi and get the matter enquired by a notice officer not below the rank of Deputy Superintendent of Police and proceed in accordance wi
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