G N MISHRA Vs. DIVYA AWASTHI

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been preferred by the petitioners with the prayer to quash the entire proceeding of complaint Case No. 8152 of 2010, Smt. Divya Awasthi v. Amit Kumar and others, under Sections 498A, 323, 504, 506 IPC and Section 3/ 4 Dowry Prohibition Act, Police Station-Modi Nagar, District-Ghaziabad, pending in the Court of Addl. Chief Judicial Magistrate, Court No. 5, Ghaziabad, as well as the summoning order dated 24.11.2010 passed by the learned Addl. Chief Judicial Magistrate, Court No. 5, Ghaziabad, in the aforesaid case. The brief facts of the case are that opposite party No. 2, Smt. Divya Awasthi, filed a complaint in the Court of Vth Addl. Chief Judicial Magistrate, Ghaziabad against Amit Kumar (husband), G.N. Mishra father-in-law (petitioner No. 1), Smt. Veena Mishra, mother-in-law (petitioner No. 2), Sweta Mishra (nanand) and her husband Awdhesh Mishra, alleging therein that her marriage was solemnized with Amit Kumar on 24.4.2008 at Lucknow and her father, on settlement with the petitioners gave Rs. 10 lakhs cash in lieu of the amount intended to be spent on the marriage and also gave the necessity articles and ornaments but the petitioners and other in-laws were not satisfied with that and started abusing and torturing the complainant and treated her with cruelty, demanding Rs. 10 lakhs more and an Ascent Car. It is further alleged that due to pressure from the relatives, the petitioners took the complainant (opposite party No. 2) to Australia where her husband was working and there also they teased and tortured her for their said demand. Thereafter, on 17.12.2008, they brought her to India and dropped her at her father's place and refused to take her back unless her father fulfills their demand. It is further alleged that on 26.12.2008, the complainant went to Lucknow to attend the birthday celebration of her Nanand's son and there also the petitioners and other accused misbehaved with her and turned her out of the house. Thereafter, the complainant served a notice on them through her lawyer for handing over her ornaments etc. and to deposit the amount of Rs. 10 lakhs in her name as given by her father but the accused persons did not reply. It is further alleged that on 4.7.2010, the petitioners alongwith Sweta Mishra and Awdhesh Mishra came to the complainant's residence at Modi Nagar (Ghaziabad) where her parents treated them nicely and gave them due respect but there also they threatened the complainant that unless they get a further amount of Rs. 10 lakhs and an Ascent Car, they will not let her go to Australia. However, when her father expressed his inability to fulfill their demand, they started beating the complainant with fist and kicks and also tied her Deck with a Dupatta and tried to suffocate her and it was only with great difficulty that her parents could save her life. It is also alleged that her in-laws have not returned her stridhan as yet

(2.) On receiving the said complaint, the learned Addl. Chief Judicial Magistrate, Court No. 5, Ghaziabad recorded statement of the complainant-opposite party No. 2, under Section 200 of Cr.P.C. and that of Nirmal Awasthi, her mother under Section 202 of Cr.P.C. and after considering the entire materials available on record came to the conclusion that a prima facie case against Amit Kumar (husband), under Sections 120B, 498A, 323, 506, 504 IPC and 3/ 4 Dowry Prohibition Act and against the petitioners under Sections 498A, 323, 506, 504 IPC and 3/ 4 Dowry Prohibition Act, appears to have been made out and accordingly summoned them by the impugned order dated 24.11.2010.

(3.) Aggrieved by the said summoning order, the present petition has been filed to quash the entire proceeding in the complaint case as well as the summoning order.