The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pre-trial stage.

JUDGMENT :

1. Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 05.02.2019 as well as the cognizance order dated 06.02.2019 as well as the entire proceedings of S.T. No. 129 of 2019 (State Vs. Virendra Gupta & others), arising out of Case Crime No.12 of 2019, under Sections 304B I.P.C. as also under Sections 3/4 D.P. Act, Police Station-G.R.P., Kanpur Nagar, District-Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.

3. Heard Mr. Santosh Kumar Pandey, learned counsel for the applicants and Mr. Pankaj Srivastava, learned A.G.A. for the State as well as perused the entire material available on record. It is not necessary to issue notice to opposite party no.2, as he has no right to be heard at pre-cognizance stage 3. Brief facts of the case are that the present F.I.R. was lodged by the opposite party no.2 alleging therein that the opposite party no.2 married his daughter with brother-in-law of applicant, namely, Virendra on 04.03.2017 according to Hindu Rites and Rituals. After sometime, the informant received an information regarding harassment of his daughter by the applicant as well as his son-in-law, namely, Virendra (husband of deceased) for non-fulfilment of additional dowry demand. The informant and his family members put all efforts to solve problem but in vain. On 20.12.2018, the informant was informed by his son-in-law that his daughter was of bad character, therefore, he was not ready and willing to keep her as wife. After the aforesaid communication, on 21.12.2018, an information was received from Police Station G.R.P. Kanpur Nagar about the death of his daughter, therefore, an F.I.R. was registered against the applicant as well as accused Virendra Gupta (husband of the deceased). After completing statutory investigation under Chapter XII Cr.P.C., on 05.02.2019 the Investigating Officer has submitted the charge-sheet against the applicant and co-accused Virendra Gupta under under Sections 304B I.P.C. as also under Section 3/4 D.P. Act, Police Station-G.R.P. Kanpur Nagar, District-Kanpur Nagar on which the court concerned took cognizance on 06.02.2019 and directed the registration of the case, which has been registered as S.T. No. 129 of 2019 (State Vs. Virendra Gupta & others), arising out of Case Crime No.12 of 2019, under Sections 304B I.P.C. as also under Sections 3/4 D.P. Act, Police Station-G.R.P., Kanpur Nagar, District-Kanpur Nagar. The husband of the deceased, namely, Virendra Gupta is languishing in jail since 22.12.2018, the said fact has been mentioned in the supplementary affidavit filed today in the Court. As per the post mortem report of the deceased, the cause of death of the deceased is Asphyxia as a result of ante-mortem throatling.

4. It has been submitted by learned counsel for the applicant that the applicant is sister-in-law (jethani) of daughter of opposite party no.2 and has been falsely implicated in the present case. The applicant has neither demanded any additional demand of dowry nor torture or beat the deceased. There is no direct or indirect evidence on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. It has further been submitted that death of the deceased took place in the train and the applicant was not present there. Learned counsel for the applicant has relied upon the confessional statement of the husband of the deceased, in which, he has confessed that he committed the said crime of murdering the deceased. Learned counsel for the applicants, therefore, submitted that the present criminal proceedings initiated against the applicant is not only malicious but also amount to an abuse of the process of the court of law. On the cumulative strength of the aforesaid submissions, it is submitted by learned counsel for the applicant that the proceedings of the above