- (1.) The marriage of Sunita was originally solemnized, with Praveen alias Bittu, the son of appellant No.1, on 31.05.2005. Praveen aforesaid was the elder brother of appellant No.5 - Sanjeev alias Sanju. Praveen alias Bittu with whom the original marriage was solemnized died on 22.03.2007. Sunita, therefore, allegedly came to be married with appellant No.5 i.e. the younger brother of the deceased, on 03.04.2007.
(2.) Sanjeev alias Sanju, filed a criminal complaint against Sunita and her parents and brother before the Judicial Magistrate, Deoband, Saharanpur, under Sections 323, 342, 384, 504 and 506 IPC, as well as, Section 5 of the Child Marriage Prevention Act on 24.07.2007 based on the fact that he was below the marriageable age.
(3.) It is the case of the appellants before this Court, who are the immediate family of appellant No.5 (i.e., the second husband of the complainant Sunita), that Sunita, as a counter to the complaint filed by appellant No.5, also lodged a complaint with the Senior Superintendent of Police, Saharanpur on 08.08.2007. On a consideration of the matter, in furtherance of an application filed under Section 156(3) of the Criminal Procedure Code, 1973, the competent Court at Deoband, rejected the same by an order dated 04.10.2007.;