SMRITI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Saurabh Sachan, learned counsel for the applicants, Mr. Rabindra Kumar Singh, learned Additional Government Advocate assisted by Ms. Pratiksha Rai, learned Brief Holder for the State of U.P./opposite party No.1 and Mr. Ajatshatru Pandey, learned counsel appearing on behalf of the opposite party no. 2.

(2.) This application under Sec. 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dtd. 21/4/2022 and proceedings of Complaint Case No. 2513 of 2021 (Satyam Singh vs. Smriti Singh), under Ss. 494 and 109 I.P.C., Police Station Sigra, District Varanasi, pending in the Court of learned Civil Judge (J.D.) F.T.C. 1st, Varanasi.

(3.) The facts of the case which are required to be stated are that on 5/6/2017, marriage of the complainant/opposite party no. 2. Satyam Singh was solemnized with the applicant no.1. Smriti Singh alias Mausami Singh as per Hindu Rites and Rituals but their marriage was not successful and on account of acrimonious relation and matrimonial dispute, applicant no. 1 lodged a first information report on 30/6/2017 registered at Case Crime No. 0341 of 2017 for the offence under Ss. 498. A, 323, 504, 506, 354 I.P.C. and Ss. 3/4 Dowry Prohibition Act, at Police Station. Kotwali Dehat, DistrictMirzapur against opposite party no. 2 and his other family members namely Kaushlendra Pratap Singh, Suman Singh and Shivam Singh @ Banti making allegations inter. alia of her harassment and torture by the accused persons adopting different modus. operandi as well as demand of additional dowry. In the F.I.R., it is also alleged that on account of nonfulfillment of their demand of dowry, she was ousted from her matrimonial home on 22/6/2017. After culmination of investigation, charge. sheet dtd. 24/1/2018 has been submitted against all the accused persons named in the F.I.R. dtd. 30/6/2017. The said charge. sheet was challenged by the accused persons including opposite party no. 2 by filing an Application under Sec. 482 Cr.P.C. No. 929 of 2019, in which the matter was referred to mediation and conciliation centre vide order dtd. 10/1/2019 but the mediation between the parties concerned has failed. The applicant no. 1, in addition to F.I.R. dtd. 30/6/2017, also filed a Criminal Misc. Case No. 64 of 2018, under Sec. 125 of Cr.P.C. before the Principal Judge, Family Court, Mirzapur which was decided ex. parte by the Family Court vide order dtd. 11/1/2021 and the opposite party no. 2 (husband of applicant no. 1) was directed to pay a sum of Rs.4,000.00. per month to his wife (applicant no. 1) until she gets remarried. Thereafter, opposite party no. 2 gave an application before the Higher Police Officials making allegation of bigamy against his wife. Smriti Singh @ Mausami/applicant no.1. The said application was thoroughly investigated by the Circle Officer Sadar, District Mirzapur and allegations of bigamy etc. against the applicant no. 1 was found false. Accordingly, inquiry report dtd. 6/1/2021 was submitted by Circle Officer Sadar, Mirzapur to Superintendent of Police, Mirzapur. After that the complainant/opposite party no. 2 filed a complaint dtd. 20/9/2021 against the applicants as well as against Mahant Singh @ Raghvendra Singh, Jhallar Singh, Vimla Devi, Ramjit Singh and six. seven other unknown persons for the alleged offence under Ss. 494 and 109 I.P.C. making allegations inter. alia that the applicant no. 1. Smriti Singh @ Mausami Singh had sanctified her second marriage on 3/9/2017 with Mahant Singh @ Raghvendra Singh s/o Jhallar Singh r/o Village Bhikaripur, Police Station Kachwa, District Mirzapur in the house of Ramjit Singh situated in District Varanasi in accordance with Vidhiwat Hindu Dharm Shastra and she is living with her second husband without taking divorce from him. The learned Magistrate, after recording the statement of the complainant under Sec. 200 Cr.P.C. and his witnesses namely Kaushlendra Pratap Singh and Suraj Kumar Rai as PW. 1 and PW. 2 respectively, summoned the applicants as well as other co. accused persons under Ss. 494/109 I.P.C. vide order dtd. 21/4/2022, which is the subject matter of challenge in the present application.