The magistrate has the authority to take cognizance of offences based on available evidence, and refusal of medical examination does not negate the possibility of an offence.

JUDGMENT :

Mayank Kumar Jain, J.

1. As both the applications are arising out of same crime number, therefore, they are being decided by this common judgment.

2. Heard Sri Vivek Kumar Shukla, learned counsel for the applicants, Sri Sunil Kumar, learned counsel for the informant in application U/S 482 No. 16827 of 2022 and Sri Sunil Kumar, learned counsel for the applicant, Sri Ramesh Kumar Shukla, learned counsel for the opposite party nos. 2 to 4 in application U/S 482 No. 34641 of 2023 and learned AGA for the State.

3. Perused the record.

4. Application under Section 482 Cr.P.C. No. 16827 of 2022 has been filed for quashing the summoning order dated 07.10.2021, cognizance order dated 07.10.2021 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar, charge sheet dated 21.08.2021 and entire criminal proceeding of Case No. 25825 of 2021 (State Vs. Piyush Saxena and others) arising out of case crime no. 820/2020 under Sections 323, 504, 506, 498A, 377 I.P.C & Sections 3 & 4 of Dowry Prohibition Act, P.S. Bisrakh, District Gautam Buddh Nagar pending before the Court of Chief Judicial Magistrate, Gautam Buddh Nagar.

5. Application under Section 482 Cr.P.C. No. 34641 of 2023 has been filed to expedite the hearing and for disposal of pending Criminal Case No. 25825 of 2021 (State Vs. Piyush Saxena and others) arising out of case crime no. 820/2020 under Sections 323, 504, 506, 498A, 377 I.P.C & Sections 3 & 4 of Dowry Prohibition Act, P.S. Bisrakh, District Gautam Buddh Nagar pending before the Court of Chief Judicial Magistrate, Gautam Buddh Nagar and to decide the same in most expeditiously manner on day to day basis within a period of two months or within such stipulated period.

6. The informant Akansha Srivastava lodged an F.I.R. under Sections 498A, 323, 504, 506, 377 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act against the applicants. Applicant no.1 is the husband, applicant no.2 is the father-in-law and applicant no.3 is her mother-in-law.

7. Brief facts of the complaint are summarised as under: –

(a) Marriage of Akanksha (opposite party no.2) was solemnized with applicant no. 1 Piyush Saxena on 31.01.2020. Her parents incurred expense of around Rs. 18 lakhs in the marriage. After 5-6 days of the marriage, the applicants started harassing her to fulfil the demand of Rs.4 to 5 lakhs and a big car. She was physically and mentally harassed by the applicants regularly for such demand.

(b) Applicant no.1 after administering her sleeping pills, inserted a bottle of perfume and a candle into the private part of the informant. Applicant no.1 used to commit unnatural sex with the informant.

(c) Applicant no. 2, compelled her to take some medicines so that she could not become a mother. These medicines were not prescribed by the Doctor. When the informant objected, she was threatened by the applicants. Applicant no.1 was always involved in immoral activities. Applicant nos. 2 and 3 concealed physical infirmity of applicant no. 1 and got him married to the informant.

8. On the basis of the aforesaid FIR, Case Crime No.820 of 2020 was registered at P.S. Bisrakh, under Sections 498-A, 323, 504, 506, 377 IPC and Sections 3 and 4 of Dowry Prohibition Act.

9. After the investigation a charge sheet came to be filed against the applicants under Sections 323, 504, 506, 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act.

10. At the stage of cognizance, the informant moved an application before the Chief Judicial Magistrate, Gautam Buddh Nagar stating that the Investigating Officer did not submit chargesheet under Section 377 IPC against applicant no.1 whereas on the basis of the statement given by the informant and other witnesses involvement of applicant no.1 under Section 377 of IPC was made out. The Investigating Officer deleted Section 377 IPC on the ground that the informant refused to undergo internal and external medical examination.

11. Learned trial Court vide impugned order dated 07.10.2021 took cognizance under Sections 323, 504