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2004 Supreme(All) 450

AMAR SARAN, SUSHIL HARKAULI
Rajeev Verma – Appellant
Versus
State of U. P – Respondent


Advocates Appeared:
A.K.Aditya,

SUSHIL HARKAULI, J.

( 1 ) THE respondent No. 4 who is the father of the wife Sharda devi lodged an FIR against the husband, who is the petitioner No. 1 and the petitioners No. 2 to 5 at P. S. Phoolpur. District varanasi under Sections 498-A/504/506, ipc read with Sections 3/4 D. P. Act which was registered as Case Crime No. 225 of 1997. After investigation final report was submitted by the police, which was accepted by C. J. M. Varanasi.

( 2 ) A suit for divorce was instituted on 28-8-1999 by the petitioners. On 7-12-1999 written statement was filed in the suit. On 10-2-2000 another FIR was lodged by the respondent No. 4 at Mahila Thana, Allahabad against the petitioners under Section 498-A, IPC and 3/4 D. P. Act which was registered as Case Crime No. 112 of 2000. After investigation charge-sheet has been submitted by the police being Charge-Sheet No. 17 of 2000 dated 28-12-2000 under Sections 498-A, IPC and 3/4 D. P. Act.

( 3 ) THIS writ petition prays for quashing of the charge-sheet on the ground that the above sequence of events referred above indicate that the allegations in the FIR have been concocted to create a pressure after notice of the divorce suit.

( 4 ) THE other and
































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