IMPORTANT POINT
The court upheld the framing of charges for dowry death, finding sufficient evidence of cruelty and demand for dowry leading to the deceased's unnatural death within seven years of marriage.

JUDGMENT :

Anish Kumar Gupta, J.

1. Heard Sri Amit Daga, learned counsel assisted by Sri Akash Mishra, learned counsel for the applicant, Sri Yogendra Pal Singh, learned counsel appearing for the opposite party no.2 and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 15.01.2019 in Session Trial No. 1239 of 2017 (State of U.P. vs. Mayank Gautam) under Sections (in short, 'u/S') 498-A, 304-B, 323, 302 of the India Penal Code (hereinafter referred to as, 'I.P.C.') and 3/4 of Dowry Prohibition Act, 1961 (hereinafter referred to as, 'the D.P. Act'), arising out of Case Crime No. 1711 of 2016, Police Station- Nai Mandi, District- Muzaffaragar, pending in the court of learned Additional Sessions Judge (F.T.C. No.-3), Muzaffarnagar.

3. The brief facts of the instant case are that on 20.07.2016, an F.I.R. was lodged by the opposite party no.2/Jalaj Sharma being Case Crime No. 287 of 2016, alleging herein that the sister (Shailey) of the opposite party no.2 was married to the applicant no.1/Mayank Gautam, as per the Hindu customs and rituals on 02.03.2016 and various gifts were given during the marriage and a total sum of Rs. 9,00,000/- was spent by the family of the opposite party no.2 in the marriage of his sister. Since after the marriage, the applicant and the other family members of the applicant started harassing and assaulting the sister of the opposite party no.2 and initially on 05.03.2016, she was badly beaten up and locked inside the room on 05.03.2016. Initially, the sister of the opposite party no.2 did not disclose the aforesaid incident. On 08.04.2016, the sister of the opposite party no.2 again went to her matrimonial house. Again, the behaviour of the family members of the applicant herein was not good towards the sister of the opposite party no.2 and they told her that her brother has not spent the enough amount of money in the marriage and subsequently it was informed by the sister of the opposite party no.2 that these persons used to demand a further sum of Rs. 2,00,000/- from her and when the demand was not fulfilled they used to torture and assault her.

4. On 16.07.2016 at about 8:37 A.M., from the Mobile No. 9412888897 to Mobile No. 9711407603, a video was sent which depicted that the applicant and the other family members tortured and assaulted the sister of the opposite party no.2 and she had become unconscious due to such torture, and this video was sent to create panic among the opposite party no.2 and his family members. After receiving the said video the opposite party no.2 alongwith other family members went to the house of the applicant. When they reached the in-laws place of the sister of the opposite party no.2, they found the injury marks on the body of the sister of the opposite party no.2 and she was lying unconscious in the room. The in-laws, namely Archana Gautam, Manmohan Gautam and the applicant herein were also present there. When the opposite party no.2 and others reached there the applicant and other family members told them that if they will not pay an amount of Rs. 2,00,000/-, she will be beaten up like this and when only they bring Rs.2,00,000/- only then they bring her there. Thereupon, the opposite party no.2 has taken his sister from the in-laws place and admitted her at Sharda Hospital, Greater Noida, who was very serious condition. She was brought by the opposite party no.2 on the clothes, which were worn by the sister of the opposite party no.2 and all stridhan and jewellery etc., were kept by the applicant and his family members. On the aforesaid averments, the F.I.R. was lodged.

5. Subsequent thereto, during treatment the sister of the opposite party no.2 had died on 12.08.2016, which was intimated by the opposite party no.2. After such intimation of death of the sister of the opposite party no.2 the Inquest Report was prepared and thereupon the dead body was sent for postmortem.