K L RAMAIYA Vs. RAM CHARAN

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. for quashing the Criminal Complaint No. 439/81 (532/82), under Sections 420 and 120B I.P.C. pending in the Court of VIIth Additional Munsif Magistrate, Aligarh.

(2.) The brief facts of the case are that respondent Ram Charan filed a complaint against the applicant and his family members, alleging that the applicant has a brother named Deen Dayal who was of marriageable age and the respondent had a marriageable daughter darned Km. Chandrawati. With the intervention of accused No.4 Dr. Ved Prakash the respondent fixed the marriage of his daughter with Deen Dayal. On 19th May, 1981 K.L. Ramaiya, R.D. Ramaiya, Deen Dayal Ramaiya and Dr. Ved Prakash came to the house of respondent Ram Charan at Aligarh and they approved the girl. The respondent (complainant) paid some money to accused Nos. 1 to 4 which is customarily given at the time of engagement. On 2nd June, 1981 K.L. Ramaiya and accused Nos. 1 to 8 came to the house of the complainant and Goad Ceremony was performed and again some customary monetary presents were given to the accused persons. On 11tJuly, 1981 the complainant went to Jhansi for fixing the date of marriage and he was told by the neighbours that Deen Dayals marriage party has gone to Delhi. The complainant went to Delhi where he came to know that on 10th July, 1981 Deen Dayal has married Usha Devi Gupta. It was said by the complainat that accused 1 to 8 had fixed the marriage of Deen Dayal with Usha Devi much prior to 17th May, 1981 and they intentionally deceived the complainant

(3.) The learned Magistrate recorded the statements of Ram Charan and his witnesses namely Km. Vimla Banshal and Jugal Bihari Lal. After recording the evidence the Magistrate passed the summoning ordered being aggrieved against the same this petition has been filed by accused No.1 K.L. Ramaiya. Notice was issued to respondent Ram Charan who has filed a counter affidavit on 23.1.1993. ALLAHABAD HIGH COURT Page 2 of 2