SUNIL SONI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, (Hereinafter, in short, referred to as ' Cr.P.C .'), has been filed by the Applicants, Sunil Soni (Brother-in-law and Smt. Pooja Soni (Sister-in-law), with a prayer for setting aside impugned summoning order, dated 27.9.2019, and for quashing of entire proceeding of Case No.115 of 2019, re-registered as Case No.1158 of 2019 ( State vs. Mukesh Soni and others ), arising out of Case Crime No.366 of 2019, under Sections-498-A and 304-B of Indian Penal Code , 1860 (Hereinafter, in short, referred to as ' IPC '), read with Section 3 / 4 of Dowry Prohibition Act, Police Station-Kotwali Jhansi, District-Jhansi, pending before the Chief Judicial Magistrate, Jhansi.

(2.) Learned counsel for applicants argued that both of the applicants were married eight years before the occurrence. They were residing at a remote place, which is at a distance of more than eighty kilometers, in Madhya Pradesh and are having no concern with the affairs of the family of the deceased and also are having no concern with regard to demand of dowry, if any, or cruelty, with regard to it or, for that matter, dowry death of the deceased. Pursuant to general allegations, levelled against them, they have been roped in this case for above offences, just to harass them, whereas, Investigating Officer has not chargesheeted them because of the fact that they were not concerned with the occurrence, but, the informant submitted an application before learned Magistrate, at the time of taking of cognizance, wherein, cognizance, for offences, punishable, under various Sections, has been taken against the applicants, too, and, thereby, process of summoning has been issued. It was under abuse of process of law, in view of law laid down by the Apex Court, in the case of Geeta Mehrotra and another vs. State of U.P. and another , (2012) 10 SCC 741. Hence, for avoiding abuse of process of law and to secure ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.