Court No. - 40
Case :- APPLICATION U/S 482 No. - 43347 of 2018 Applicant :- Smt. Sudha Sharma And Anr Opposite Party :- State Of Up And Anr Counsel for Applicant :- Abhishek Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Sri Abhishek, learned counsel for the applicants and learned AGA.
This application under Section 482 Cr.P.C. has been filed against the summoning order dated 29.10.2018 passed by A.C.J.M., 4th, Meerut in Complaint Case No. 5927 of 2018, under Section 6 of D.P. Act, Police Station Civil Line, District Meerut.
The applicant no.1 is the mother-in-law and application no.2 is the husband of opposite party no.2 (wife). It is submitted that the marriage of applicant no.2 was solemnized with opposite party no.2 on 10.7.2005 and they are living separately since 2010 though as per the case of opposite party No.2 as mentioned in the order dated 29.10.2018, she is living with her mother since May 2018. It is further contended that opposite party no.2 that in order to harass the applicants opposite party no.2 has filed false and frivolous complaint dated 6.6.2018, in which learned Magistrate has summoned the applicants vide order dated 29.10.2018.
The main contention of the learned counsel for the applicants is that the entire allegation of opposite party no.2 is against the applicants is relating to Stridhan but learned Magistrate has summoned the applicants under Section 6 of D.P. Act, which is illegal, because Stridhan is not dowry.
Per contra, learned AGA has submitted that as per definition of dowry given under Section 2 of D.P. Act, 1961,"dowry" means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person.
Learned AGA placed reliance on section 2 of D.P. Act and contended that the Stridhan is also covered under the definition of dowry.
The matter requires consideration.
Issue notice to opposite party No. 2 returnable at an early date.
Notice on behalf of the opposite party No. 1 has been accepted by the learned AGA.
Four weeks' time is granted to the opposite parties for filing counter affidavit. The applicants will have one week time thereafter for filing rejoinder affidavit.
List thereafter before the regular court.
Until further orders of this court, further proceedings arising out of summoning order dated 29.10.2018 passed by A.C.J.M., 4th, Meerut in Complaint Case No. 5927 of 2018, under Section 6 of D.P. Act, Police Station Civil Line, District Meerut shall remain stayed.
Order Date :- 30.11.2018 AK Pandey