YOGESH CHHIBBAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By moving this application under Sec.482 Cr. P.C. the applicants have prayed for quashing the criminal complaint and its entire proceeding in case No.286 of 1996 under Sec.4/6 Dowry Prohibition Act. Dowry Prohibition Officer, Agra v. Yogesh Chhibar and others pending before A. C. J. M. II, Agra as well as the summoning order dated 4-2-1994.

(2.) It appears that the opposite party No.2 Smt. Kanchan Chhibar moved an application before District prohibition officer/Dowry prohibition officer, Agra alleging that she was married three years ago with Yogesh Chhibar applicant No.1. Her husband opposite party No.1, father-in-law opposite party No.2, mother-in-law opposite party No. 3 and sisters-in-law opposite parties Nos. 4 and 5 started demanding dowry and therefore action be taken against them. The Dowry Prohibition Officer made enquiry and ultimately filed a complaint against the applicants before A. C. J. M. Ist Agra. On receipt of the above complaint the learned Magistrate vide his order dated 26-3-1994 registered a case and summoned the accused persons (applicants) fixing 7-5-1993 for appearance. The applicants preferred revision before Sessions Judge, Agra against the above summoning order. The Criminal revision No.263 of 1993 was decided by IInd Additional Sessions Judge,Agra, vide his order dated 10-1-1994. He allowed the revision, set aside the order of A. C. J. M. and remanded back the case to the Trial Court for passing fresh order for summoning the accused after applying his mind. Thereafter, vide order dated 4-2-1994 the A. C. J. M. again summoned the applicants under Sec. 4/6 Dowry Prohibition Act. The above summoning order as well as proceeding arising out of it have been sought to be quashed.

(3.) Heard the learned counsel for the applicants and the learned A. G. A. None appeared from the side of opposite party no.2 despite of sufficient personal service on her.