JUDGMENT :

1. Since, both the applications arise out of the same case crime, they are being decided by this common order.

2. Heard Sri Saroj Kumar Yadav, learned counsel for the applicants, Sri Amit Daga, learned counsel for the informant as well as Sri L.D. Rajbhar, learned A.G.A. for the State and perused the record.

3. The instant applications under Section 482 Cr.P.C. have been moved seeking quashing of the impugned judgement and order dated 12.02.2021 passed by Additional Sessions Judge, Court No.6, Allahabad in Criminal Revision No.19 of 2020 (CNR No. UP AD 01-000630-2020), under Section 397 Cr.P.C. (Saritendra Kumar Jaiswal vs. State of U.P. and Another), arising out of order dated 07.01.2020 passed by Additional Chief Judicial Magistrate, Court No.17, Allahabad in Criminal Case No.2198 of 2017 (State of U.P. vs. Vishal and Others), under Sections 498-A, 308 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station-Sarai Inayat, District-Allahabad as well as the consequential proceedings.

4. The brief facts of the case are that opposite party no.2, Saritendra Kumar (informant) lodged the first information report against the accused-applicants and three others on 27.07.2016 at 13:00 hrs. on the basis of written complaint alleging therein that the marriage of his sister Shradha Jaiswal was solemnized with the accused-applicant Sawan @ Vishal Jaiswal on 24.02.2011. The father of the informant spent a sum of Rs.15 lakhs and also gave a Wagon R car in the marriage as per the demand of the accused-applicants. After marriage, her husband and his other family members started complaining that her father did not give Scorpio in the marriage and they were demanding for Scorpio car and used to beat and torture her on account of non-fulfilment of demand of additional dowry. On 26.07.2016, the accused persons also assaulted her with iron rod on her head with an intention to kill her due to which she sustained serious injury on her head and she was fainting again and again, after that the accused persons left her at Hanumanganj Sarai Lahurpur from where the informant and other family members brought her to home whose condition was very critical.

5. The sister of the informant was medically examined at CHC, Kotwan (Bani), Allahabad on 27.07.2016 at 2:20 p.m. She was brought for medical examination by home guard Santosh Kumar of P.S. Sarai Innayat. At the time of medical examination, her age was found to be 28 years and following injuries were found on her body:-

(i) L.W. 3 cm x 0.5 cm on posterior upper part of skull, 13 cm above from left ear.

(ii) Abrasion 1 cm x 0.4 cm on left lower scapula, 3 cm above from lower border of scapula.

(iii) Complaint of pain over left and right shoulder joint.

(iv) Complaint of pain over right shoulder joint.

(v) Linear abrasion 5 cm to upper scapula, 3 cm below (back) of left scapula.

(vi) Swelling 3 cm x 1 cm at front of thigh, 5 cm above from the left knee joint.

(vii) complaint of pain over right knee joint.

6. The doctor opined that the injuries were simple in nature except injury no.1 which was kept under observation. The duration of injuries was within one day. The injuries were caused by hard and blunt object. The injury no.1 was x-rayed and no abnormality was detected.

7. The investigation of the case was undertaken by Sub-Inspector Neelam Raghav on 29.08.2016 who copied the GD registering case report no.24 on 27.07.2016 at 13:00 hrs. in the case diary and recorded the statement of HCP Aftab Ahmed, scriber of GD and Chik report, informant Saritendra Kumar, victim Shradha Jaiswal and other witnesses Nagendra Singh and Omshikeshwer and also perused the injury report of the victim. The investigating officer also recorded the statements of accused persons namely Sawan alias Vishal Jaiswal (applicant), Ratan Jaiswal (applicant), Smt. Arti, Jyoti and Shweta and inspected the place of occurrence and prepared site-plan (Annexure No.4). After investigation, the Investigating Officer submitted the charge-sheet