ISRAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in the instant criminal miscellaneous application is made to the summoning order dtd. 30/9/2022, passed in Complaint Case No. 118 of 2021, Smt. Tamanna vs. Israr and others ("the Case"), by which, the Petitioners-Mohd. Khursheed, Mashrufa, Sonu, Rubina w/o Sonu, Sajida, Rubina w/o Parvej and Parvej have been summoned under Sec. 498-A IPC and 3/4 of Dowry Prohibition Act, 1961 ("the Act"); Petitioner-Israr has been summoned under Ss. 323 and 498-A IPC and 3/4 of the Act and Petitioner-Monu has been summoned under Sec. 325, 498-A IPC and 3/4 of the Act.

(2.) Heard learned counsel for the parties and perused the file.

(3.) The case is based on an application, filed under Sec. 156 (3) of the Code of Criminal Procedure, 1973 ("the Code"), by the complainant, against the applicants. According to the application, after marriage with petitioner-Israr, on 15/3/2018 the applicants harassed and tortured the complainant for demand of dowry. She was assaulted also, due to which, the daughter of the complainant had fractured also. The court treated the application under Sec. 156 (3) of the Code, as a complaint, and after an inquiry, summoned the petitioners as stated hereinabove.