MITTHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) I have heard Sri G.S.D. Mishra, learned counsel for the applicants, Sri R.P. Pandey holding brief of Sri M.P. Tiwari for the opposite party No.2 and the learned A.G.A for the State.

(2.) By the present application, the applicants have sought for quashing of the summoning order dated 30.09.2011 passed by the Court of Special Chief Judicial Magistrate, Agra in Complaint Case No. 1212 of 2011 by which the applicant No.1 (Mitthan Lal) and the applicant No.7 (Rina Singh) have been summoned under Sections 406 and 506 I.P.C. whereas the remaining applicants have been summoned under Section 506 I.P.C. It is noteworthy that there is no prayer to quash the Complaint or the proceedings in pursuance thereof.

(3.) A perusal of the record reveals that the opposite party No.2, who is the father in law of the applicant no.7, filed a complaint against the applicants alleging: that the son of the complainant, namely, Sanjay Pal was married to the applicant No.7, namely, Rina Singh, a resident of district Dhaulpur, Rajasthan, on 13.02.2007, in accordance with hindu law; that Rina Singh was ill-tempered and, therefore, could not have good relations with her in laws; that she used to threaten her in- laws of false implication in dowry cases, etc.; that on 02.10.2007, without informing the family members, Rina Singh left for her parental house, where she consumed medicines for aborting her child and when she fell seriously ill, she was brought to Agra on 03.10.2007 by her brother, father and mother and there she aborted her child in the Nursing Home of Dr. Malhotra, despite all that, Rina was kept by her mother-in-law with great care; that, thereafter, on 15.11.2008, Rina's father (Mitthan Lal- applicant no.1), uncle (Rameshwar-non applicant), elder brother (Mukesh-applicant no.3) came to complainant's house and invited the complainant for Neetu's (Rina's uncle's daughter) marriage to be held on 29.11.2008 and took Rina along with them; that when they came to take Rina, they told the complainant that as in the marriage various reputed persons would come, therefore, to maintain status, Rina may be made to wear all the ancestral jewellery, which would be returned along with Rina; that the complainant, on the insistence of Rina's father (applicant no.1), gave the jewellery, which was given as "Chadhawa" at the time of son's marriage, along with ancestral jewellery of his wife, to Rina Singh and gave her a send off ("Bida") for her parental home; that on 29.11.2008, when the complainant and his son went to attend the marriage at Rina's parental home, then Rina was not permitted to leave her parental house and the father of Rina assured the complainant that she will be sent back later, along with jewellery; that when, on 15.01.2009, the son of the complainant had gone to fetch Rina from her parents house, the father of Rina refused to send Rina and also refused to return the jewellery; that for settlement, on 25.01.2011, a panchayat was called at T.R. UTSAV BHAWAN, which was attended by several reputed persons including Kedar Bhargava, Deepak Khatri, Dr. Narendra and other relatives in which Rina (applicant no.7), her father (applicant no.1), mother (Laxmi Bai - applicant no.2), brother (Mukesh- applicant no.3), Mukesh's wife (Shakun- applicant no.6) and other boys, namely, Vinod (applicant no.4) and Surendra (applicant no.5) along with five-six unknown armed persons attended the panchayat; that in the panchayat, the father of Rina Singh refused to send back Rina and return the ancestral jewellery and taking the aid of the armed guards, extended threat of life and left the panchayat; that the complainant, through his counsel, served notices on the father of Rina for sending Rina along with ancestral jewellery but despite service of such notice, neither Rina nor the ancestral jewellery was returned.