DUKHI RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this application under S. 482, Cr. P.C. the applicants have sought quashing of orders to summon them for offence under S. 498-A of the I.P.C. Charge-sheet was submitted by the police against four persons being the husband of the first informant and his family members. The applicants were not sent up for want of evidence. The learned Magistrate differing with the police report summoned the applicants also for offence under S. 498-A.

(2.) Learned counsel for parties have been heard.

(3.) A perusal of S. 498-A, IPC would show that it is confined to the offence of subjecting a woman to cruelty by the husband or relative of husband. The applicants admittedly are not relatives of the husband rather are co-villagers. Consequently summoning them for offence under S. 498-A, IPC amounts to abuse of process of Court and deserves to be quashed.