RADHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision is directed against the order dated 14.10.2010 passed by Judicial Magistrate, Vth Farrukhabad, District Farrukhabad in Case No. 162 of 2010, (Vijay Kumar Vs Smt Radha and others), whereby the court below has summoned the revisionists to face the trial for the offence under Section 406 IPC.

(2.) Brief facts of the case are that the marriage of opposite party no. 2 namely Vijay Kumar was solemnised with daughter of revisionist no. 1 namely Sonam Kashyap on 21.11.2009 as per Hindu rites and customs. On 26.2.2010 on the eve of Holi festival, Radha Devi, mother in law (revisionist no. 1), Ankit Kumar, brother in-law (revisionist no. 3) and Ram Kishore, grand father-in-law (revisionist no. 2) of opposite party no. 2 came to his house and requested him to perform the 'vidai' of Smt Sonam Kashyap. The family of opposite party no. 2 performed the vidai of Smt Sonam Kashyap. They also gave several articles of ornaments and Rs. 5000/- cash to her daughter-in-law.

(3.) Thereafter, Vijay Kumar, husband of Sonam Kashyap, went to her in-laws' house several times with a request to send his wife back with him but the revisionists did not send his wife. On 26.8.210, opposite party no. 2 again went to her in-laws' house but the revisionist no. 1 allegedly refused to send her daughter Smt Sonam with him and also declined to return the ornaments given to her daughter by the family members of opposite party no. 2 at the time of vidai.