ASHISH SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mrs. Manisha Chaturvedi, learned counsel for the applicants, Sri Amrendra Nath Rai, learned counsel for the opposite party nos. 2 and 3 and learned A.G.A for the State and perused the record with the assistance of leaned counsel for the parties.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire proceedings in Criminal Complaint Case No.2816 of 2015 (re-numbered as 9614 of 2015) (Dr.Nagendra Prasad vs. Ashish Shukla and others) under sections 498A, 504, 506, 109 I.P.C. and ? Dowry Prohibition Act, Police Station Bhelupur, District Varanasi, pending before Chief Judicial Magistrate, Varanasi.

(3.) The brief facts of the case are that the applicant no.1 is the husband of opposite party no.2. Marriage of the applicant No.1 was solemnized on 20.06.2014 with the opposite party no.2 but unfortunately they could not lead their life with peace and happiness. Ultimately on 14.07.2015, opposite party no.3, who is father of opposite party no.2 filed criminal complaint making several allegations of harassment and torture of opposite party no.2 against the applicants. The learned magistrate after recording the statement of complainant under section 200 Cr.P.C. and witnesses namely Dr.Niharika Dube as P.W.1 and Smt.Sheela Dube as P.W.-2, summoned the applicants to face trial vide impugned order dated 11.09.2015. All the allegations levelled in the impugned complaint dated 14.07.2015 have been denied by the applicants by contending that opposite party no.2 is a recalcitrant lady. Since she wanted to live separately, therefore, false allegation of harassment etc. have been levelled by her and her family members.