SEEMA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This case has been filed by the petitioner under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for quashing the cognizance order dtd. 6/11/2015 in Complaint Case No.1385 of 2015, Smt. Kamlesh vs. Surendra and another, under Ss. 323, 452, 504, 506 I.P.C. P.S. Kotwali Gangnaher District Haridwar pending before the Court of Learned Additional Civil Judge (S.D.)/Judicial Magistrate Roorkee, District Haridwar (hereinafter referred to as "the Case") and order dtd. 17/1/2019 passed by IInd Additional Session Judge, Roorkee District Haridwar in Criminal Revision No.132 of 2017, Seema Devi vs. State.

(2.) Heard learned counsel for the petitioner and learned counsel for the State and perused the record.

(3.) The case was instituted on the complaint filed by respondent no.2 against the petitioner and co-accused Surendra Singh. According to the complaint, respondent no.2 and Surendra Singh were married on 9/3/1993. The petitioner knowing that Surendra Singh is married, got the marriage invitation of her printed, distributed and on 12/6/2015 respondent no.2 married Surendra Singh in village Mzahidpur Satiwala Nirnkari Bhawan in the presence of Roki and other persons. Thereafter petitioner started staying with the husband of the complainant, namely, Surendra Singh in village Salempur Rajputana. According to the complaint, the complainant tried her level best to stop the marriage between petitioner and co-accused Surendra Singh, but she could not succeed. On 19/6/2015 she also gave a letter to Senior Superintendent of Police, Haridwar against petitioner and co-accused Surendra Singh but police did not take any action. On 22/6/2015 the complainant i.e. respondent no.2 gave a notice through her Advocate to petitioner and co-accused requiring them to cancel their marriage dtd. 12/6/2015. In retaliation to it, on 29/6/2015 at 07:00 p.m. petitioner alongwith co-accused Surendra Singh entered into the house of the complainant and beaten her up with fists, abused and threatened her to life. In this complaint after inquiry under Sec. 200 and 202 of the Code, vide impugned order dtd. 6/11/2015, the petitioner has been summoned to answer the accusation under Ss. 323, 452, 504, 506 IPC and co-accused Surendra Singh, who is husband of the complainant, has also been summoned to answer the accusation under Ss. 323, 452, 494, 504, 506 IPC. A revision was preferred by the petitioner against it, which was registered as Criminal Revision No.132 of 2017, Seema Devi vs. State of Uttarakhand. This revision was dismissed vide order dtd. 17/1/2019 by learned IInd Additional Session Judge, Roorkee, Haridwar. Aggrieved, the instant petition.