REVA MEHTA AND ANOTHER Vs. SHARU

JUDGEMENT

(1.) Prayer made in this petition is for quashing of complaint dated 01.09.2012 (Annexure P-1) for offences under Sections 406 and 498-A of Indian Penal Code (IPC) and the summoning order dated 27.09.2012 (Annexure P-2) passed by the Judicial Magistrate.

(2.) Marriage of respondent-complainant with accused No. 1 Dr. Ajay Mehta was solemnized on 29.04.2005 and they lived together as husband and wife till 09.12.2011. After recording preliminary evidence four accused impleaded in the complaint were summoned by the trial court to stand for offence under Section 498- A IPC vide the impugned summoning order. Petitioner No. 2 is the paternal uncle of Dr. Ajay Mehta and petitioner No. 1 the wife of Petitioner No. 2. The other two accused summoned by the trial Court are Dr. Ajay Mehta and his mother Kanchan Mehta. Petitioner No. 2 was impleaded as accused being head of the family in the absence of father of Dr. Ajay Mehta having already died.

(3.) According to the respondent, dowry articles were entrusted to all the four accused including petitioners. It is, however, pertinent to note that summoning order was not passed under Section 406 IPC but only under Section 498-A IPC.