SURSATI Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri Rama Nand Pandey learned counsel for the applicants in support of this criminal misc. application at the stage of admission and the learned A.G.A. in opposition.

(2.) APPLICANTS who are husband, father-in-law and mother-in-law of complainant respondent No. 2, have prayed for quashing of proceeding launched by her, being Complaint Case No. 2011 of 2007, Smt. Bahawan v. Budhayee and 3 others, under Sections 452, 498A, 323, 504, 506, I.P.C., Police Station Sahjanwa pending before IIIrd Judicial Magistrate, District Gorakhpur.

(3.) ON 29.10.2007, Budhayee, (husband), Fanci (father-in-law), Mahendra (dewar) came to the parental house of the complainant and repeated their demand of Hero Honda motor cycle. They also informed complainant that Budhayee, her husband, has solemnized a second marriage with Bindu (abductee). ON refusal by the complainant and her parental relatives to fulfil the demand of motor cycle, wife was assaulted in their presence and also in the presence of Village Pradhan Ram Kewal, Jarrar, Shiv Kumar and many other co-villagers. Wife sustained injuries because of the assault made on her. While retreating from her parental house the assailants threatened and accosted her that they will not take her back. Complainant got herself medically examined in district Gorakhpur, vide Annexure-2, and went to lodge a report at the police station but failed in her attempt. She then dispatched an application, through registered post, to the higher authorities but even that did not yield any result. Left with no option she filed complaint, Annexure-1, before the Magistrate, which complaint was registered as Complaint Case Number 2011 of 2007, Smt. Bahawan v. Budhayee and 3 others under Sections 452, 498A, 323, 504, 506, I.P.C., Police Station Sahjanwa, in the Court of IIIrd Judicial Magistrate, District Gorakhpur.