DEEPAK KHANNA Vs. STATE OF UTTARAKHAND ANOTHER

JUDGEMENT

(1.) By means of present Application under Section 482 Cr.P.C., the applicant seeks to quash the summoning order dated 19.02.2016 as well as the entire proceedings of Criminal Complaint Case No. 97 of 2016, Sonal vs. Deepak Sharma, under Sections 498-A, 323, 506 of IPC and ¾ of Dowry Prohibition Act, pending in the Court of 2nd Judicial Magistrate, Roorkee, District Haridwar.

(2.) The respondent no. 2 filed a criminal complaint case against the accused-applicant (husband of respondent no.2) for the offences punishable under Sections under Sections 498-A, 323, 506 of IPC and ¾ of Dowry Prohibition Act. The trial court recorded the statement of the complainant under Section 200 Cr.P.C. The statements of Rekha and Praveen Saini were recorded under Section 202 Cr.P.C. The documents were filed by the complainant. After considering the material on record, the learned 2nd Judicial Magistrate, Roorkee summoned the accusedapplicant to face the trial for the offences punishable under Sections 498-A, 323, 506 of IPC and ¾ of Dowry Prohibition Act. Against the summoning order, applicant filed a Revision, which too was dismissed. Hence the present petition under Section 482 Cr.P.C.

(3.) It is the submission of learned counsel for the applicant that the applicant is living in Bulandshahar and parents of the victim were living in Jodhpur. After 9 months, brother of the victim started living in Roorkee. Thereafter the victim filed a complaint against the applicant.