Neutral Citation No. - 2025:AHC:106446 Court No. - 78 Case :- APPLICATION U/S 482 No. - 2349 of 2017 Applicant :- Ganga Shyam And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- Akhilesh Kumar Mishra,G.A.,Pankaj Kumar Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Narendra Kumar Singh, learned counsel for the applicants and Sri V.P. Sahu, learned A.G.A. for the State. None appears for the opposite party no. 2 even in the revised call. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the chargesheet no. 327 of 2016 dated 16.07.2016 and cognizance order dated 07.09.2016 as well as the entire proceeding in Case No. 2567 of 2016 arising out of Case Crime No. 460 of 2016 under Sections 504, 506, 406 I.P.C. & Section 3/4 of Dowry Prohibition Act, P.S.- Kotwali Fatehgarh, District- Farrukhabad, pending in the court of learned Judicial Magistrate, F.T.C. (Fast Track Court), Farrukhabad. 3. Learned counsel for the applicants submits that the marriage of the applicant no. 6 was fixed with the daughter of opposite party no. 2 and after the settlement of marriage and engagement, various articles were exchanged by the parties. Subsequent thereof, an additional demand of Rs. 5 lakh was made by the applicants which could not be fulfilled by opposite party no. 2, therefore, the marriage could not materialized between the parties. In view of aforesaid facts, the instant FIR was lodged by opposite party no. 2. 4. Learned counsel for the applicants further submits that applicant no. 1 is maternal grandfather and applicant nos. 2 and 3 are maternal uncles of applicant no. 6. It is further stated that applicant nos. 1, 2 and 3 have been falsely implicated in this case. They had no occasion to benefit by any demand of dowry so made by applicant nos. 4, 5 and 6 as alleged in the FIR. Therefore, learned counsel for the applicants seeks quashing of the entire proceedings of the said case as well as the cognizance order dated 07.09.2016. 5. Per contra, learned A.G.A. submits that there are specific allegation against the applicants herein and from perusal of the FIR, chargesheet and the statement of witnesses recorded during the investigation cannot be said that no offence whatsoever has been made out against the applicants, therefore, learned A.G.A. also submits that there is no ground for quashing of the entire proceeding of the instant case against the applicants, therefore, he prayed for dismissal of the instant application. 6. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. On 07.05.2016, an FIR was lodged by opposite party no. 2 alleging therein that the marriage of the daughter of opposite party no. 2 was settled with applicant no. 6 with the intervention of applicant nos. 1, 2 and 3 and the engagement was done on 15.04.2016 and in the said engagement, the opposite party no. 2 had given a motorcycle, silver plates, gold ring and Rs. 2,51,000/- cash. On the very next date, the applicants herein went to the house of opposite party no. 2 and demanded additional dowry of Rs. 5 lakh to which opposite party no. 2 has shown his incapacity, then the said engagement was broken and marriage could not be solemnized due to illegal demand of dowry by the applicants. So far as the applicant nos. 4, 5 and 6 are concerned, they are the direct beneficiary of the amount or any articles given by opposite party no. 2, therefore, from plain reading of the FIR coupled with the evidence, statement of witnesses, there is no ground for quashing of the proceeding against the applicant nos. 4, 5 and 6. So far as the applicant nos. 1, 2 and 3 are concerned, who are the maternal grandfather and maternal uncles of the applicant no. 6, they cannot be said to be the direct beneficiary of any demand of dowry or any amount paid during the engagement. Thus, in the considered opinion of this Court, no case is made out against the applicant nos. 1, 2 and 3. 7. In view thereof, the proceeding of Case No. 2567 of 2016 arising out of Case Crime No. 460 of 2016 under Sections 504, 506, 406 I.P.C. & Section 3/4 of Dowry Prohibition Act, P.S.- Kotwali Fatehgarh, District- Farrukhabad with regard to applicant nos. 1, 2 and 3 are hereby quashed, however, with regard to applicant nos. 4, 5 and 6, the instant application is hereby rejected. 8. The instant application is disposed of accordingly. Order Date :- 7.7.2025 #Vik/- (Anish Kumar Gupta,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad