(1.) This petition under section 482 of Criminal Procedure Code (for short 'Cr.P.C.') has been filed for quashing the order dated 23.05.2012 passed by Additional District Judge, Court No.1, Ambedkar Nagar, in Criminal Revision No. 86 of 2010 and order dated 13.4.2010 passed by judicial Magistrate, Tanda, District Ambedkar Nagar, arising out of case No.940/2009 under sec.498-A,323,504,506 IPC and sec.3/4 of Dowry Prohibition Act, P.S.-Ibrahimpur, District-Ambedkar Nagar,
(2.) The brief facts for deciding the present petition are that Smt. Geeta Devi, Opposite party No.2 filed an application under Section 156(3) Cr.P.C against the petitioners, and one Phallan in the court of Additional Judicial Magistrate, Tanda, District Ambedkar Nagar with allegations that she is the wife of Pawan Kumar Yadav (Petitioner No.1) who according to Hindu rites married with her on 31.3.2005 in Village Absanpur Purva P.S. Ibrahimpur District Ambedkar Nagar. The Gauna of opposite party No.2 took place on 13.5.2006. In Gauna, Pawan Kumar, his father Ganga Ram (Petitioner No.5), grandfather Phallan Yadav (since deceased), Uncle Gayadin (Petitioner No.6), younger brothers Arvind Yadav (Petitioner No.2), Ashok Yadav (Petitioner No.8) and Vikas Yadav (Petitioner No.9) demanded motorcycle, fridge, T.V., and Rs.50,000/- cash. However on request made and to make them understand they took O.P.No.2 with them in her Saural where she remain for a week with her husband. During this period aforesaid petitioners and mother-in-law Smt. Sunita (Petitioner No.4), Chachrei Sas Smt Sobhawati (Petitioner No.7), Nanad Mithlesh Kumari, Suman Devi, Urmila Devi (Petitioner Nos.3, 10 and 11 respectively) and others start taunting, harassing and treating her with cruelty on account of demand of dowry. She came back from Sasural and thereafter she visited her Sasural 3-4 times. All the above mentioned in-laws during the aforesaid period treated her with cruelty by not giving proper food, proper treatment in illness and also by beating her. They did not mend despite making request by her parents not to do such acts with her. She was expelled on 20.01.2009 from her Sasural in bearing cloths after beating her and after taking her all belongings. She was left near her village in Maruti car by Husband, his father, uncle, brothers Arvind Kumar, Ashok Kumar, Vikas and others. They told that unless their demands are fulfilled she will not be kept and Pawan shall remarry. The parents and relatives of O.P.No.2 went to her Sasural and try to make them understand the problems but in-laws did not pay any head to it.
(3.) On 12.07.2009 she along with her near relatives went to her Sasural with Marshal Jeep but in-laws did not change their stand of demands and did not permit her to enter in Sasural and try to assault her and her relatives. She anyhow managed her escape and came back to her parental house.