DEEPTI GUPTA AND ORS. Vs. SHWETA PARMAR

JUDGEMENT

(1.) Inherent powers of this court under Section 482 of Cr.P.C. are invoked for assailing the order dated 8/2/2013 passed by the Judicial Magistrate First Class, Gwalior in complaint case No.1254/13 for taking cognizance of the complaint alleging offence punishable under Section 384 of I.P.C., and thereby issuing summons to the petitioners. Pertinently, petitioner No.1 is Smt. Dipti Gupta, who is said to be friend of Dr. Subhash Parmar, husband of respondent.

(2.) Learned counsel for the rival parties are heard.

(3.) Factual matrix giving rise to the present dispute is that on 21/6/2010 the respondent and Dr. Subhash Parmar entered into wedlock whereafter both started residing in matrimonial home at Bhopal but later from August, 2010 to May, 2010 they shifted to Gwalior. The respondent alleged that she was subjected to curelty for dowry demand. It was further alleged that in connivance with one Dr. Dipti Gupta (petitioner No.1), who is alleged to be friend of husband Dr. Subhash Parmar, the respondent/wife was surreptitiously given drugs so that she may abort the unborn child, who was diagnosed by sonography to be of female sex. It was alleged that in this nefarious object, her husband Dr. Subhash Parmar and his friend Dr. Dipti Gupta succeeded as the unborn child was aborted. It is further alleged that in November, 2011, the respondent again became pregnant. The husband is alleged to have increased his dowry demand and acts of cruelty which compelled the respondent to leave her matrimonial home and start residing with her parents. It is further alleged that dowry demand of 25,00,000/- was made by the husband and his parents which could not be met except exchange of an amount of Rs. 3,00,000/-. Meanwhile, the respondent/wife gave birth to a girl child, namely, Pihu. It is lastly alleged that sometime in November 2012, the husband threatened his wife/respondent that he has given the girl child to Dr. Dipti Gupta and the child will be returned to respondent/wife only if she gives an undertaking in writing that she would consent for a divorce in the divorce petition filed by the husband in the court. It is also alleged that on 13/1/2013, the respondent/wife alongwith her father and another person, namely, Vivek Mittal visited the residence of Dr. Dipti Gupta. It is alleged that said Dr. Dipti Gupta reiterated the threat of the husband of respondent that unless she (respondent/wife) consents to the request of divorce made by husband in the court, the daughter Pihu shall not be returned to the respondent.