Ram Saran Varshney & Ors. Vs. State of U.P. & Anr.
The Code of Criminal Procedure, 1973 - Section 482 , Indian Penal Code,1860 - Section 498-A , Section 506 , The Dowry Prohibition Act,1961 - Section 3 , Section 4
Quashing of FIR - Cognizance of Offence - On the fourth investigation report - Plea that first three closure reports submitted by IO has not been considered by the trial Court while taking cognizance of offence repelled - Held that while passing the order dated6.9.2006, the Chief Judicial Magistrate, had duly taken into consideration the second Closure Report dated 10.07.2003 - Third investigation and closure report was submitted though there was stay order granted by the Sessions Court the same is a nullity in law - FIR not liable to be quashed against appellants 1 to 3.
Quashing of FIR - Cruelty - Appellant nos. 4, 5 and 6 are the sisters of the husband of respondent no.2 and are all married and living independently - They are not residing with any of the appellants. 1 to 3 and had no concern with the relationship of respondent no.2 with appellant nos. 1 to 3 - No clear allegations levelled by respondent no.2 against any of the appellant nos. 4, 5 and 6 - Submission of respondent No. 2 during the course of hearing was, that her three sistersin-law had visited the matrimonial house of respondent no.2,on the occasion of 'Grah Parvesh', and the 'Naming Ceremony' of her daughter - Held that the visit of the three sisters-in-law of respondent no.2 on the above two occasions were for celebration, and cannot be treated as occasions where they harassed respondent no.2 -In the absence of any material on the record of this case, relating to harassment on the above two occasions, the proceeding initiated against appellant nos. 4, 5 and 6,consequent upon the registration of the first information report by respondent no.2 - on 10.04.2002, was not justified - The same deserves to be quashed.
Topic(s)-Quashing of FIR - Cruelty - Quashed against some accused