General allegations in FIR without specific roles do not warrant prosecution under IPC and Dowry Prohibition Act.

JUDGMENT :

MAYANK KUMAR JAIN, J.

1. Heard Sri Amit Daga, learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.

2. Present application u/s 482 Cr.P.C. is filed for quashing the charge sheet dated 17.11.2019, being C.S. No.282/19 as well as the entire proceedings registered in its pursuance as Criminal Case No.331 of 2020 (CNR No.UPME05001305-2020), ‘State of U.P. Vs. Smt. Indu Bansal and another’ under Sections 498-A, 323 IPC & Section 3/4 of Dowry Prohibition Act, Police Station-Daurala, District Meerut, including order of cognizance dated 29.01.2020 (arising out of Case Crime No.280 of 2019), registered at Police Station Daurala, District Meerut pending before the Court of Additional Chief Judicial Magistrate, VIIth, Meerut.

3. The brief facts summerised in the FIR lodged by opposite party no.2 are thus:-

3.1. Marriage of the informant was solemnized with accused applicant no. 1 on 02.04.2015, according to Hindu Custom and rites, and in said marriage informant’s parents spent Rs. 48 Lacs but her husband and in-laws were not satisfied and on the pretext that her husband is an Engineer, started demanding Rs. 25 lacs as additional dowry and due to non fulfilment of said demand she was harassed and tortured by her husband and in-laws.

3.2. Her husband was so cruel that he used to commit unnatural sex with her during menses period. When she conceived baby then her husband, in laws in connivance with her sister-in-law Meghna Agarwal, administered medicines to her consequently miscarriage took place. In the month of February, 2019 when she further conceived then at the instance of her sister-in-law Meghna Agarwal, applicant no. 2 pressurized her to terminate pregnancy and managed abortion of her child in the absence of her husband (applicant no.1) and thereafter she was threatened by her mother-in-law and sister-in-law for dire consequences.

3.3. She was sent to parental home on 25.03.2019 and her husband obtained her signatures on blank papers and some documents . It is also alleged that on 25.03.2019 informant’s sister-in-law and brother-in-law (Nanad and Nandoi) were available at her nuptial home, on said day she quarrelled with her sister-in-law (Nanad) and felt that her life is in danger whereupon she called her parents and family persons and thereafter they took her to their home.

3.4. On efforts of her uncle M.S. Agarwal, she further joined the company of her husband and in-laws on 01.06.2019 but her husband and in-laws did not change their behaviour and on 16.06.2019 her husband, on the pretext of dinner in Hotel, took her in Car and after sometime Indu Bansal (applicant no. 2), sister-in-law Meghna Agarwal and brother-in-law Abhinna Agrawal had also come in car and started demanding Rs. 25 lacs as additional dowry. On making protest all forcibly gave milk to her and thereafter Tarun and Abhinnav Agarwal attempted to throttle her with a rope, which was already available in car, and thereafter she was caught hold by her mother-in-law and sister-in-law and on sustaining injuries got unconscious. She got senses in SDS Global Hospital, Meerut.

4. On the basis of aforesaid report one criminal case as Case Crime No. 280 of 2019, for the offence punishable under Sections 498-A, 313, 307, 506, 120-B, 377 I.P.C & Section 3/4 Dowry Prohibition Act, 1961 got register against applicants and two other persons at Police Station – Daurala, District – Meerut.

5. Sri Amit Daga, learned counsel for the applicants submitted that applicant no. 1 Tarun Bansal who was the husband of opposite party no.2 has expired on 22.04.2021 during the pendency of the present proceedings, therefore, proceedings are abated qua applicant no.1. Now application is required to be considered for applicant no..2 who is the mother in law of opposite party no.2.

6. It is submitted by learned counsel for the applicant that marriage of the son of applicant was solemnized with opposite party no.2 on 02.04.2015 as per Hindu rit