KRISHNA WANTI Vs. SHAMA RANI

JUDGEMENT

(1.) THIS is a petition filed by Krishna Wanti and five others under Section 482 of the Code of Criminal Procedure for quashing the complaint and the order passed by learned Sub Divisional Judicial Magistrate, Amloh, summoning the petitioners as accused and for quashing all subsequent proceedings taken therein.

(2.) THE relevant facts are that Shama Rani was married to Satish Kumar in March 20, 1992. After their marriage they lived together but Shama Rani realised that Satish Kumar was not mentally sound. The petitioners were misbehaving with Shama Rani and she was turned out from the house. She filed a complaint with respect to the offences punishable under Sections 4 and 6 of Dowry Prohibition Act and Section 406 of the Indian Penal Code. It was asserted that dowry articles were demanded and they were entrusted to all the petitioners and her husband. They have not been returned. The articles were demanded as consideration of marriage.

(3.) LEARNED counsel for the petitioners highlighted the facts that as per the averments made, no case is made out and, therefore, the complaint, the order of summoning the petitioners and subsequent proceedings be quashed.