SUKHVEER SINGH CHAUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Roopesh Srivastava, learned counsel for the applicants and Sri N.K. Upadhyay, learned A.G.A. for the State-O.P. No.1 and Sri S.K. Dubey, learned counsel for O.P. no.2.

(2.) The instant application under Sec. 482 Cr.P.C. has been preferred by the applicants with a prayer to quash summoning order dtd. 9/12/2022, NBW order dtd. 9/10/2023 as well as the entire proceedings of Complaint Case No.1272 of 2020 (Smt. Rashmi @ Laxmi vs. Sukhveer and others) under sec. 323, 504, 506 IPC, Police Station-Saurikh, District-Kannauj pending in the court of Additional Chief Judicial Magistrate, Chibramau, Kannauj.

(3.) The instant application arises out of matrimonial discord. Marriage of O.P. no.2 was solemnized with applicant no.1 in the year 2016. Due to matrimonial discord, O.P. no.2 lodged a complaint on 30/9/2020 against the applicants, which was registered as Complaint Case no.1272 of 2020. In the complaint, it was alleged that the complainant had earlier lodged an FIR against her husband and his relatives (applicants herein) as they have ousted her from matrimonial home due to non-fulfillment of their additional dowry demand. They have also snatched her ornaments. When the family members of O.P. no.2 asked for the ornaments, the applicants became angry and on 20/8/2020 all the accused came to the parental house of O.P. no.2 used filthy language against them and also assaulted them. However, apart from her husband(applicant no.1), O.P. no.2 has implicated her father-in-law (applicant no.2), mother-in-law (applicant no.3), sister-in-law/nanad (applicant no.4), jeth (applicant no.5), jethani (applicant no.6), brother-in-law/dewar (applicant no.7) and devrani (applicant no.8), who are applicant nos. 2 to 8. After completion of enquiry and recording of statements of complainant and witnesses under Ss. 200 and 202 Cr.P.C., summoning order has been passed against the applicants on 9/12/2022 and later on, NBW has also been issued on 9/10/2023. By means of instant application, the applicants have challenged the summoning order as well as NBW order.