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Allahabad High Court · body

2015 DIGILAW 2710 (ALL)

Vivek Kumar Tripathi v. State of U. P.

2015-09-02

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard learned counsel for the applicant, Sri Arun Kumar for the informant, learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking quashing of the charge sheet No.172 of 2015 dated 11.04.2015 and all consequential proceeding of Criminal Case No.1225 of 2015, under Sections 498-A, 307, 323, 504, 506 IPC and Section 3/4 of D.P. Act arising out of Case Crime No.715 of 2014, which is, at present, pending in the court of CJM, Mainpuri. 3. The submission of the learned counsel for the applicant is that the applicant is brother-in-law of the husband of the daughter of the opposite party no.2 and he has been falsely implicated on the basis of general and vague allegations. 4. In order to test the aforesaid submission of the learned counsel for the applicant, the learned counsel for the informant has invited attention of the Court to the statement of the victim, recorded under Section 164 Cr.P.C., which is at page 110 of the paper book. 5. From a perusal of the statement of the victim, recorded under Section 164 Cr.P.C., it cannot be said that a prima facie case is not made out against the applicant. It has been alleged that even at the time of marriage, the applicant was one of the person, who demanded dowry, and had also assaulted the victim. 6. In view of the above, the prayer of the applicant to quash the proceeding cannot be accepted. The application is dismissed.