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Judgment
Hon''ble Servesh Kumar Gupta, J.—By means of this petition, moved u/s 482 Cr.P.C., the prayer has been advanced to quash the entire proceedings of criminal complaint case No. 256/2006, Smt. Meera Rastogi Vs. Sanjay Rastogi & others, and the order of cognizance dated 9.3.2006 as well.
Having heard the learned counsel for the parties, it appears that respondent No. 2 was espoused with petitioner No. 1 Sanjay Rastogi on 20.2.1996. Soon after the marriage, the relations between the due erupted sour on the question of dowry and she was subjected to a constant tyrannical attitude at the hands of petitioners. In the month of April, 1996, i.e. just within two months of wedding, she was constrained to leave her matrimonial house. The husband Sanjay Rastogi came to the native place of respondent No. 2 at Sitarganj where, on account of some persuasive interactions, he agreed to open a shop of goldsmith in Sitarganj town itself. A sum of Rs. 50,000/- was invested by the father of bride but because of the insincere attitude of the petitioner, the said venture could not be successful and petitioner Sanjay Rastogi returned to his town Bisauli, District Badayun. During this conjugal right passed by Sanjay Rastogi with his wife Smt. Meera, she was conceived and delivered a baby in June, 1998. At this occasion, Sanjay Rastogi and his family members demanded Rs. 80,000/- , failing which she was threatened and assaulted in sundry manners. So, she again came to her native place. She thereafter lodged an FIR at P.S. Sitarganj which ended into the submission of a chargesheet. The trial of criminal case No. 800/1998 proceeded, but it appears that being scared of the punitive action in the trial, she was again fetched from her native town, on which she commenced to reside in her matrimonial home. During the period when she was dwelling with the members of her matrimonial house, she was produced in the court to adduce evidence. Smt. Meera, though supported her case in chief examination, but did not support the allegations in cross-examination and she ratified her status to be living with her husband at town Bisauli, District Badayun. So, the learned Magistrate had no option but to acquit all of the accused from the offence of Sections 498-A/323/506 IPC on 13.9.2004.
After culmination of the said trial into acquittal, she was again expelled from the house of her in-laws and then she had no other way but to return to her parents'' house.
It is averred that on 9.2.2006, all the petitioners came to her native place and insulted her in sundry ways by hurling abuses. She examined herself u/s 200 Cr.P.C. whereas u/s 202 Cr.P.C., she got examined her witnesses, namely, Sri Ramavtar Rastogi (father), Khalil Ahmed and Surendra Pal. The learned Magistrate prima facie found the case made out under Sections 452/504/506 IPC and passed the impugned order of cognizance on 9.3.2006.
It also appears that objections were raised, in writing, by the petitioners before the Court of Magistrate itself against the order of cognizance but the same were dismissed on 20.11.2006. A criminal revision No. 8/2007 was also filed thereafter but that too was dismissed by learned Sessions Judge on 10.1.2007. Feeling aggrieved, the petitioners have come up in this petition.
Having heard learned counsel for the petitioners and the submissions advanced on behalf of respondent No. 2, the Court feels that the complaint, instituted by Smt. Meera Rastogi, against all the petitioners, has substance.
The argument, submitted on behalf of the petitioners, that since the criminal case No. 800/1998 ended in acquittal for the offences punishable u/s 498-A/323/506 IPC, so the version of Smt. Meera Rastogi should be looked without having any substance, is not tenable inasmuch as, the judgment itself manifests a clever and cunning device on the part of petitioners to procure the acquittal in the criminal case by way of producing Smt. Meera Rastogi, when she was fetched from her native place to reside with the petitioners at Bisauli, District Badayun. At that time, she had no option but to resile from the veracity of the facts, in order to live in the house of petitioners. Even so, she had supported all her version of the first information report in the chief examination. The petitioners cannot be extended any benefit of this acquittal. This was a result of orchestrating a device so that the Court must not have any other option but to pass the said order.
The petition is thus, totally devoid of any merit and liable to be dismissed. Petition is, accordingly, dismissed. Stay order granted by this Court on 17.5.2007 is hereby vacated. Inform the court below to proceed ahead with the trial which has already been delayed.