LAWS(UTN)-2013-12-82

SURATI AND ANOTHER Vs. VERSHA

Decided On December 09, 2013
Surati And Another Appellant
V/S
Versha Respondents

JUDGEMENT

(1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 20.09.2010, passed in the proceedings of criminal complaint case no. 1718 of 2010, Km. Versha vs Mahipal and others, under Sections 504, 506, 420 of IPC, in police station Kotwali, Gangnahar, District Haridwar, pending in the Court of II Addl. Civil Judge (J.D.) / Judicial Magistrate, Roorkee.

(2.) Complainant (respondent herein) filed a criminal complaint case against three accused persons, including the applicants, in the court of II Addl. Civil Judge (J.D.) / Judicial Magistrate, Roorkee. After recording of statement of complainant under Section 200 of Cr.P.C. and statements of Bijendra Kumar and Satish under Section 202 of Cr.P.C., accused persons were summoned to face the trial for the offences punishable under Sections 504, 506, 420 of IPC, vide order dated 20.09.2010. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved.

(3.) Accused Preeti (non-applicant) took out a sum of Rs. 80,500/- from the ATM account of the father of the respondent on different dates. When complainant talked to Preeti on 11.08.2010 in this regard, Preeti told the complainant that she gave that money to her father and grandfather. Thus, no offence, even prima facie, was made out against the present applicants, who are respectively grandmother and grandfather of prime accused Preeti.