GOPAL BANSAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the proceedings of Criminal Case No. 160/2008, State v. Gopal Bansal & Others, under Section 498A, 323, 313 IPC read with Section 3/4 of the Dowry Prohibition Act and the summoning order dated 8.1.2008, passed therein by the Chief Judicial Magistrate, Udham Singh Nagar, are under challenge in all the aforetitled three petitions, hence these petitions are being decided by this one and common judgment and order.

(2.) It would be pertinent to mention at the very outset that Petition No. 84/2009 has been filed by the husband Gopal Bansal, his elder brother Manoj Bansal and his younger brother Pankaj Bansal, while in Petition No. 65/2009, Smt. Minakshi Bansal (wife of Pankaj Bansal), Smt. Premlata Bansal (mother-in-law) and Km. Gitanjali Bansal (unmarried sister-in-law) are the applicants. They all reside in Gaziabad, Uttar Pradesh. In petition no. 52/2008, Prashant Agarwal and his wife Smt. Pooja Agarwal (sister of Gopal Bansal) are the applicants and they reside at Haldwani, District Nainital.

(3.) The factual matrix of the controversy involved in these petitions is that marriage of Smt. Sarita Bansal was solemnized with Gopal Bansal on 9.12.2005. Smt. Sarita Bansal, daughter of Om Prakash Gupta, hails from Rudrapur city of District Udham Singh Nagar, while her in-laws Bansal family resides at Gaziabad, Uttar Pradesh.