ANKIT AGARWAL Vs. NEHA AGARWAL

JUDGEMENT

(1.) Instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('the Code') has been preferred for setting aside the order dated 8th March, 2019, passed in Criminal Case No. 2871 of 2018, Neha Agarwal vs. Ankit Agarwal and others (the case), passed by the Court of Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, as also the entire proceedings of the case.

(2.) Facts, necessary to dispose of this petition briefly stated are that the respondent filed a complaint against the petitioners and another. This is the basis of the case. According to the complaint, the respondent was married to petitioner no.1 on 11th June, 2015, and in the marriage, gifts, jewellery and Rs.5,00,000/- cash was given. But, subsequently, the respondent was tortured and harassed, mentally and physically for the demand of dowry. On 29th May, 2017, she was expelled from her matrimonial house. The respondent started staying with her sister's house at Khatima. On 22nd April, 2018, at 8:00 in the morning, the petitioners and others came Khatima and assaulted the respondent.

(3.) In this Complaint, the statement of the respondent under Section 200 of the Code was recorded. The Court below also got the matter investigated under Section 202 of the Code and a report was received. After considering these facts, the petitioner Ankit Agarwal has been summoned under Sections 498-A, 323 IPC and Section of the Dowry Prohibition Act, 1961 and petitioners Subham Agarwal and Smt. Kanchan Agarwal have been summoned under Section 498-A IPC and Section 4 of the Dowry Prohibition Act, 1961. This order is impugned.