Vague and general allegations are insufficient for maintaining charges under IPC; specific details are mandatory for fair trial in criminal proceedings.

JUDGMENT :

VIKRAM D. CHAUHAN, J.

1. Heard Sri Randhir Jain and Sri Sandeep Kumar Kesari, learned counsels for the Applicant, Sri Arunesh Kumar Singh, learned counsel for opposite party no.2 and learned A.G.A. for the State.

2. The present application is preferred by Applicant for quashing the chargesheet dated 12/5/2019 under sections 498A, 323, 504, 506 of I.P.C. and under sections 3/4 of Dowary Prohibition Act, 1961, police Station – Chaubeypur, District – Varanasi, as well as, cognizance order dated 25/7/2019 in criminal case no. 999 of 2019 (State Vs Anil Sharma and others) arising out of Case Crime No. 02 of 2019 under sections 498A, 323, 504, 506 I.P.C and Sections 3/4 of Dowary Prohibition Act pending in the Court of Judicial Magistrate-IIIrd, District Magistrate, Varanasi.

3. The applicant is brother-in-law of informant. Initially, the first information report dated 03.01.2019 was lodged under sections 498A, 323, 504, 506 of Indian Penal Code and Sections 3/4 of Dowry Prohibition Act, against Applicant and five other accused persons [(namely - Anil Sharma (Husband), Virendra Sharma (Father in law), Malti Devi (Mother in Law), Amit Sharma (Brother in law), Ishu (Brother in law)], at police Station – Chaubeypur, Varanasi. The first information report was lodged by opposite party no. 2 – Geeta Sharma. The first information report was lodged at Case Crime No.02 of 2019.

4. The prosecution case as per the first information report is to the effect that opposite party no. 2-wife was married to Anil Sharma on 24.04.2013. At the time of marriage, at the tilak ceremony Rs. 50,000/- cash, gold ring, clothes and other items were given and thereafter at the time of marriage further gifts were given. After marriage, informant went to matrimonial home then after one and half months of marriage, husband, father-in-law, mother-in-law and brother-in-law (which included the applicant), started harassing and beating the informant for dowry and demanded Rs. 2 lakhs for establishment of business. The opposite party no. 2 objected to aforesaid demand and stated that the family members of opposite party no. 2 are not in a position to pay Rs. 2 Lacs as demanded by accused persons, as a result of the same, accused persons started beating and harassing opposite party no 2. When the father of informant came to take informant for some days, accused persons have demanded dowry and stated that informant may not be sent back to matrimonial home if the demand for dowry is not fulfilled. The jewellery which was given by father of informant was retained by accused persons and informant was sent back. The father of informant used to send back informant to matrimonial home. Out of the marriage, one son was born who is aged about three years at the time of lodging of first information report, however, all the expenses of aforesaid son are being met out by father of informant. On 05.06.2018, when informant was seven months pregnant, the husband, father-in-law, mother-in-law and brother-in-law and Kishori came and on the enticing of Kishori, accused persons demanded rupees two lakhs as dowry and thereafter have assaulted informant and have thrown her out of matrimonial home along with child and the accused persons have stated that informant may not come back till demand of dowry is met. The accused person have beaten informant and as a result of the same she was admitted in hospital at Varanasi and second child was born dead. Informant is living with her father in her parental home and accused persons had not taken any pain to contact her.

5. The investigati