NUSRAT PARVEEN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed by the applicants seeking quashing of the summoning order dtd. 27/3/2017 passed by the learned Judicial Magistrate/Civil Judge (Junior Division), Udham Singh Nagar in Criminal Complaint Case No. 2729/2016 (Shabir versus Jahan and others) under Ss. 323, 392, 504, 506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) The factual matrix of the case, as gleaned from the application and documents on record, reveals that applicant No. 1, Smt. Nusrat Parveen, is the wife of respondent No. 2 (complainant in the criminal case), having married him on 15/6/2012 at Bareilly, Uttar Pradesh. A male child named Arhan was born out of the wedlock on 29/5/2014. The other applicants (Nos. 2 to 6) are the relatives of applicant No. 1.

(3.) Applicant No. 1 has alleged that due to non-fulfilment of dowry demands, she was ousted from her matrimonial home. Consequently, on 12/8/2014, she filed an application under Sec. 156(3) Cr.P.C. before the Additional Chief Judicial Magistrate, Bareilly, Uttar Pradesh against respondent No. 2 and his family members. The learned A.C.J.M. Bareilly treated the application as a complaint case vide order dtd. 23/5/2015 and issued summons to respondent No. 2 and his family members. This matter is still pending before the court.