Court No. - 33
Case :- APPLICATION U/S 482 No. - 38223 of 2018 Applicant :- Sachita Nand Gupta And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Pal,Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicants; learned AGA for the State and perused the record.
The instant application has been filed for quashing the summoning order dated 12th September, 2018 passed by the Court of Chief Judicial Magistrate, Ballia in complaint case no.3170 of 2018 (Asha Gupta Vs. Sachita Nand Gupta and others), under Sections 498-A, 323 and 504 IPC and Section 3/4 of Dowry Prohibition Act.
It has been urged on behalf of the applicant that a petition for restitution of conjugal rights has been filed by the applicant no.1 against the opposite party no.2 and the complaint allegations are false.
A perusal of the record would reveal that the complaint was filed much before the petition for restitution of conjugal rights. Further, the complaint allegations do make out a prima facie case against the applicants who are husband; father-in-law and mother-in-law respectively of the victim. The complaint allegations have been supported by the victim in her statement recorded under Section 200 CrPC and other witnesses have also supported the allegations whose statements have been recorded under Section 202 CrPC. Learned Magistrate has passed the summoning order after considering all aspects and has also taken note of decision of the Apex Court for not proceeding against other relatives of the husband of the complainant. Under the circumstances, the summoning order cannot be faulted.
The application is dismissed. Order Date :- 27.10.2018.
Rks.