MANORAMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Misc. Application under Section 482 Cr.P.C. has been preferred with prayer to quash the impugned summoning order dated 18.7.2014 passed by the Special Chief Judicial Magistrate, Allahabad in Criminal Case No. 129 of 2013 arising out of Crime No. 513 of 2012 registered against the applicant at Police Station Colonelganj, Allahabad under Sections 498-A, 323, 420 I.P.C. and Section 3/4 D. P. Act along with the entire proceedings of Criminal Case No. 129 of 2013 arising out of Case Crime No. 513 of 2012 registered against the applicant at Police Station Colonelganj, Allahabad under Sections 498-A, 504, 506, 420 I.P.C. and Section 3/4 D.P. Act.

(2.) I have heard learned counsel for the applicant, learned A.G.A. and learned counsel for the opposite party no. 2.

(3.) Brief facts are that an application under Section 156 (3) Cr.P.C. was filed by the opposite party no.2 alleging that the opposite party no. 2 had married his daughter Nishtha to Arpit Pandey on 29.11.2008. The marriage was solemnized by the mediation of Manorama Mishra, the real elder sister of the wife of the complainant. Since the father of the boy, Ram Pyare Pandey, used to come to the house of Manorama, hence, Manorama took guarantee of all the things and got the marriage solemnized. Accused Manorama cheated the complainant and told him that Ram Pyare is a big leader. He has purchased 22 acres of land for his only son at Arjunganj, Lucknow and he has arranged Rs.20 crores for settling him into business. He further alleged that the father of the boy, Ram Praye Pandey owns a house in an area of 1,000 sq. yard situate at Viratkhand, Gomti Nagar and is owner of a big property and thus, after him, his only son will be the owner of his property. The complainant and his wife relied upon what Manorama had said because Manorama was the elder sister of the wife of the complainant, and therefore, they started thinking about materialising the marriage. Manorama's brother Ravindra @ Tuttar runs a sweet shop in the name of Rama House situate opposite to Sardar Patel Dental College, 4A Highway, Eldico Udyan-2, Lucknow. Accused Manorama, his brother Ravindra @ Tuttar and Ravindra's wife Poonam, who were staying with Manorama, came to Allahabad and showed the documents relating to 22 acres of land to the complainant and his wife. At that point of time, the complainant had no reason to disbelieve Manorama as Manorama was his wife's sister. But, now it is clear that Manorama and her brother and Poonam had forged the documents and thus, cheated the complainant and induced him to marry his daughter to the son of Ram Pyare Pandey. Manorma also said that Ram Pyare Pandey was an affluent man, as such, she wanted that the complainant's daughter should become his daughter-in-law. This was only said because Manorama was living as kept/ wife of Ram Pyare Pandey for the last 20 years and if the girl came in her house all her illegal activities would not be disclosed. Manorama was married 25 years ago to Shobh Nath Pandey of Ahimane Bazar, Sultanpur but Manorama drove away her husband and became the kept/wife of Ram Pyare Pandey and ruined the family of Ram Pyare Pandey. The complaint believing the false documents to be true, married his daughter to the son of Ram Pyare Pandey. When his daughter Nishtha went to her in-laws house, she came to know about the real facts. Later on, Manorama made his daughter, son-in-law and his mother stay in her house at Lucknow and said that she would get a juice factory installed for the husband of Nishtha and sent the son-in-law of the complainant for one year's training to Gujrat and Jharkhand on false pretext. After one year, Arpit Pandey was told that he was being strayed and unless and until Manorama desires, nothing can be done. Thus, the daughter of the complainant, his son-in-law and daughter's mother-in-law concluded that nothing can be done without the consent of Manorama. The son-in-law and his mother told the complainant that since 1990 Manorama had kept the father-in-law of the complainant's daughter according to her wishes and father of Arpit Pandey came only twice to her house and they are torturing the son-in-law and his mother for the last 20 years. Now, she is behaving like a real mother-in-law and torturing the complainant's daughter. All the papers relating to house of Gomti Nagar and 22 acre land and business of 22 crore were proved to be forged by Manorama, her brother Ravindra and his wife Poonam, all have ruined the life of complainant's daughter.