Ram Saran Varshney & Ors vs State Of U.P.& Anr

2. It is essential to narrate the facts leading up to the controversy. In this behalf, it would be relevant to mention, that Mukul Gupta - appellant no.3 was married to Sonia Gupta - respondent no.2 on 11.06.1997. Ram Saran Varshney - appellant no.1 and Saroj Varshney - appellant no.2 are the father-in-law and mother-in-law respectively of respondent no.2. Appellant nos. 4, 5 and 6 are the sisters-in-law of respondent no.2.

3. A girl child was born to appellant no.3 and respondent no.2 from their wedlock on 9.12.2000. Even though it is alleged, that appellant no.3 and respondent no.2 lived in the matrimonial home at Pune till 30.10.2001, it is the case of the appellants before this Court, that respondent no.2 left her matrimonial home on 30.10.2001. It is also alleged, that on 15.03.2002, respondent no.2 forcibly attempted to enter the house of Ram Saran Varshney and Saroj Varshney (i.e. her parents-in- law) at Lucknow. Consequently, appellant nos. 1 and 2 initiated civil proceedings, to restrain respondent no.2 from entering their house. By an order dated 15.03.2002, the District Judge, Lucknow granted the necessary restraint order, in favour of appellant nos. 1 and 2. In sum and substance, respondent no.2 was restrained from forcibly entering into the house allotted to appellant no.1, namely, C-79, Butlar Palace Colony, PS Hazratganj, Lucknow, without the permission of the Court.

5. Krishan Pal Singh, having investigated into the matter, filed a closure report dated 27.4.2003. The instant report shall hereinafter be referred to as the “First Closure Report”. The text of the aforesaid closure report is reproduced hereunder:

6. Respondent no.2 - Sonia Gupta, it seems, expressed dissatisfaction with the investigation carried out by Krishan Pal Singh. It is therefore, that she addressed a representation to the Superintendent of Police, City (East), Lucknow, requiring him to order further investigation, through some other police station. In this context, it would be relevant to notice, that the Superintendent of Police ordered further investigation by the Station House Officer, Police Station Hussainganj. Accordingly, Badan Singh conducted further investigation. Having carried out the investigation, Badan Singh also submitted a closure report dated 10.07.2003. The instant report shall hereinafter be referred to as the “Second Closure Report”. The text of the same is being extracted hereunder:

- appellant no.1, and Saroj Varshney - appellant no.2 filed Criminal Revision Petition No. 378 of 2006 before the Sessions Judge, Lucknow. By an order dated 7.11.2006, the revisional Court stayed the order passed by the Chief Judicial Magistrate, Lucknow, dated 6.9.2006 (whereby she had ordered further investigation in the matter).

13. The appellants filed another revision petition challenging the order dated 12.5.2008, taking cognizance, before the Sessions Court, Lucknow. The Sessions Judge dismissed the revision petition filed by the appellants on 1.7.2008.

No point has been left unattended which require further probe, as per my knowledge. Therefore, I agree with the previous investigation. Final report may be accepted.”

In the meantime, during the subsistence of the restraint order (staying investigation), the investigation was completed and the third investigating officer – N.K. Bajpai submitted the Third Closure Report dated 27.2.2007. Since the above investigation leading to the closure report dated 27.2.2007 was clearly in violation of an express judicial order to the contrary, in our considered view, the same is a nullity in law, and cannot be accepted. In view of the conclusion recorded hereinabove, we are satisfied, that the contention advanced at the hands of the learned senior counsel for the appellants, that the Second and Third Closure Reports were not taken into consideration, cannot be accepted as a justifiable plea in law, insofar as the present controversy is concerned. The same is accordingly rejected.

24. Since, we have not interfered with the impugned summoning order dated 12.05.2008(as against appellant nos. 1 to 3), we would consider it just and appropriate to request the trial Court, to take up and dispose of the proceedings emerging out of Crime Case No. 326 of 2002, registered at Police Station Shiv Kutti, Allahabad, under Sections 498A and 506 of the Indian Penal Code, read with Sections 3/4 of the Dowry Prohibition Act, against appellant nos. 1 to 3 only, as expeditiously as possible.

25. The instant appeal is disposed of in the above terms.

February 05, 2016.