RAM SARAN VARSHNEY AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER
LAWS(SC)-2016-2-16
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on February 05,2016

Ram Saran Varshney And Others Appellant
VERSUS
State of Uttar Pradesh and Another Respondents

JUDGEMENT

- (1.) The challenge raised in the instant appeal is, as against the order dated 7.5.2008, namely, the charge sheet wherein the appellants before this Court have been proceeded against under Sections 498A and 506 of the Indian Penal Code, as also, under Sections 3/4 of the Dowry Prohibition Act. A further challenge has also been raised, as against the order dated 12.05.2008 (passed by the Chief Judicial Magistrate, Lucknow), taking cognizance of the charge sheet, filed against the appellants.
(2.) It is essential to narrate the facts leading up to the controversy. In this behalf, it would be relevant to mention, that Mukul Gupta - appellant no.3 was married to Sonia Gupta - respondent no.2 on 11.06.1997. Ram Saran Varshney - appellant no.1 and Saroj Varshney - appellant no.2 are the father-in-law and mother-in-law respectively of respondent no.2. Appellant nos. 4, 5 and 6 are the sisters-in-law of respondent no.2.
(3.) A girl child was born to appellant no.3 and respondent no.2 from their wedlock on 9.12.2000. Even though it is alleged, that appellant no.3 and respondent no.2 lived in the matrimonial home at Pune till 30.10.2001, it is the case of the appellants before this Court, that respondent no.2 left her matrimonial home on 30.10.2001. It is also alleged, that on 15.03.2002, respondent no.2 forcibly attempted to enter the house of Ram Saran Varshney and Saroj Varshney (i.e. her parents-in-law) at Lucknow. Consequently, appellant nos. 1 and 2 initiated civil proceedings, to restrain respondent no.2 from entering their house. By an order dated 15.03.2002, the District Judge, Lucknow granted the necessary restraint order, in favour of appellant nos. 1 and 2. In sum and substance, respondent no.2 was restrained from forcibly entering into the house allotted to appellant no.1, namely, C-79, Butlar Palace Colony, PS Hazratganj, Lucknow, without the permission of the Court.;


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