PARITOSH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned summoning order dated 30.08.2014 and set aside the entire proceeding of Complainant Case No.1240 of 2014 (Ruchi Versus Paritosh and others), under Sections 498-A , 323 , 504 , 506 I.P.C. and 3/4 Dowry Prohibition Act , Police Station-Mandi Dhanaura, District-Amroha pending in the Court of Judicial Magistrate, Amroha.

(2.) Learned counsel for the applicants has submitted that opposite party no.2/complainant was married with applicant no.1-Paritosh. Opposite party no.2/complainant- Ruchi lodged a complaint against the applicants on 14.07.2014 mentioning therein that her marriage was solemnized with applicant no.1 on 13.02.2013. In her matrimonial home, the family members of applicant no.1 were not happy with the dowry so given at the occasion of her marriage and they started demand of Rs.10 Lakhs as additional dowry. When the demand of additional dowry could not be fulfill by her parent, they started torturing and in furtherance of such demand they expelled her from her matrimonial home. The parents and relatives of complainant tried to negotiate the matter, but her in-laws were not ready and they threatened to kill her. Accordingly, she prayed to take action against her husband and in-laws.

(3.) After the statement of complainant under Sections 200 Cr.P.C. and statement of witnesses under Sections 202 Cr.P.C., Magistrate concerned passed the order dated 30.08.2014 to summon the applicants for trial under Section 498-A, 323, 504 and 506 I.P.C.