NISHANT TIWARI @ SONU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and the learned A.G.A. for the State.

(2.) By the present application, the applicants, who are husband, father in law and mother in law of the complainant (opposite party no.2), have sought quashing of the proceedings of Complaint Case No.48 of 2013 pending in the Court of Judicial Magistrate, Orai, District Jalaun, under Section 498-A, 323, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Kotra, District Jalaun.

(3.) A perusal of the complaint, and paragraph 4 in particular, disclose the involvement of the applicants in commission of the offences for which they have been summoned. There is an injury report also to support the allegations. The learned Magistrate after taking cognizance on the complaint proceeded to hold an inquiry by recording statement of the complainant under section 200 and of the witnesses under section 202 Cr.P.C. to ascertain whether or not there is sufficient ground to proceed against the accused. After considering the allegations, the injury report and the statements recorded under sections 200 and 202 CrPC, the learned magistrate recorded satisfaction with regards to existence of a prima facie case to proceed against the applicants and, accordingly, summoned the applicants for offences punishable under Sections 498-A, 323, 506 I.P.C. and Section 3/4 of D.P. Act.