ROHIT SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) The mother Awadh Kishori widow of Avinash Chandra Srivastava and her three sons Rohit Srivastava, Mohit Srivastava and Rahul Srivastava have prayed for quashing of summoning order dated 15.11.2010 passed by Judicial Magistrate, Jalaun in Case No.60 of 2010 Smt. Meena Vs. Rohit and others by which, learned Magistrate had summoned the applicants to stand trial for offences under Sections 452, 323, 506 IPC and had directed them to appear on 15.12.2010.

(2.) Underlying facts as are emerged through the affidavit and annexures appended therewith filed along with this application under Section 482 Cr.P.C. indicate that Smt. Meena Srivastava, respondent no.2 wife of Dr. Shyam Prasad Srivastava filed a F.I.R., Annexure No.1, against the applicants on 26.7.2010 at 3.15 p.m. alleging therein that her daughter Manisha Srivastava was married to applicant no.1 Rohit Srivastava. In the marriage Rs.Ten lacs and articles were given but the applicants were dissatisfied with the same and always tormented Manisha Srivastava to bring some more money and with that motive tortured her physically and mentally and even assaulted her. When her torture became unbreakable Manisha Srivastava, instituted prosecution against the applicants in the court of Munsif Magistrate at Jalaun, under Section 498-A IPC. She also filed a maintenance case under Section 125 Cr.P.C. and also engineered a case under Domestic Violence Act. Accused however got the proceedings of those cases stayed from this Court and started pressurizing victim to compromise the lis and in the eventuality of refusal be threatened to murder her.

(3.) On 3.7.2010 at 9 a.m. applicants along with one unknown person came to the house of respondent no.2 at Kashi Nath in district Jalaun in a Bolero jeep. Initially, they informed that they had come for a compromise conversation with Manisha Srivastava and therefore, they were allowed access inside the house in the enclose courtyard (angan). Amidst conversation, Manisha Srivastava was pressurized to withdraw prosecution instituted by her which she flatly refused intimating applicants that when she was being physically assaulted, her father had stood by her and only after his return that she will give a final answer. On this, her mother-in-law Awadh Kishori got infuriated and after taking out a wooden danda from stocked wood lock cluster she started assaulting Manisha Srivastava. Meena Srivastava, informant Manisha's mother, raised hue and cry, on which, locality people collected at the spot along with informant's younger daughters, who all intervened and saved her. While retreating from the spot, husband whisked out a revolver and had threatened informant and her family members. Because of the assault, informant had sustained external physical injuries.