MEENU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been preferred against the summoning order dated 03.08.2019, passed in Criminal Complaint Case No. 5704 of 2018, Smt. Neelam vs. Meenu and Others, by the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar (for short 'the case').

(2.) By the impugned order, the petitioner has been summoned to answer accusations under sections 498-A, 323, 504 and 506 IPC and 3/4 of Dowry Prohibition Act, 1961.

(3.) In fact, it appears that respondent no.2 filed a complaint against the petitioner and others under sections 498-A, 323, 504 and 506 IPC and 3/4 of Dowry Prohibition Act, 1961. According to it, respondent no.2 and the petitioner were married on 29.10.2014. Father of the respondent no.2 had given dowry in accordance with his capacity. A motorcycle and some cash was also given, but, the petitioner and his family members were not satisfied with the dowry given and they started harassing respondent no.2 for the demand of dowry. Respondent no.2 was harassed, tortured and even beaten up by the petitioner. Whenever respondent no.2 complained to her father-in-law and mother-inlaw, they also did not support her. Sometime in the year 2017, father of respondent no.2 retired from the Government Service and got some post retiral benefits. With a view to extract money from the father of respondent no.2, she was further harassed and tortured for the demand of a car. It is under those circumstances the respondent no.2 left her matrimonial house and started living in her parental house. On 08.08.2018, petitioner went to the paternal house of respondent no.2, abused her, demanded dowry and beat her up. She was rescued. This is the complaint, in which after inquiry made under section 200 and 202 of the Code, the petitioner has been summoned on 03.08.2019. This order is impugned.