UPASANA KUMARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Gambhir Singh, learned counsel for the petitioner and Mrs. Manju Thakur, learned A.G.A.-I for the State respondents.

(2.) This writ petition is preferred under Article 226 of Constitution of India inter-alia with following reliefs:-

(3.) The brief facts as per prosecution case are that the marriage of the petitioner was solemnized with 5th respondent (husband) on 26/1/2023 with Hindu rites and rituals but the marriage could not be consummated on account of impotency of her husband. Consequently, a written report dtd. 1/7/2023 was submitted by the petitioner at Police Station Mahila Thana, District Moradabad, alleging that the respondent nos.5 to 8 had inflicted cruelty on her and concealed the fact of impotency of her husband by birth with the petitioner. The aforesaid case was registered as Case Crime No.34 of 2023 under Ss. 498A, 323, 354, 504, 420 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Moradabad.