ASHOK BHUSHAN,J. - (1.) These appeals have been filed challenging the judgment of Allahabad High Court dated 08.08.2018 by which the application under Section 482 Cr.P.C. filed by the appellants praying for quashing the complaint and proceedings in Complaint Case No. 4967 of 2015 have been dismissed.
(2.) All the appeals having been filed against the same judgment, facts of the case are being taken from Criminal Appeal No. 594 of 2019 - Rashmi Chopra and Ors. vs. The State of Uttar Pradesh and Anr., in which criminal appeal, reply affidavit and rejoinder affidavit have been filed. The background facts of the case necessary to be noted for deciding these appeals are:- 2.1 Nayan Chopra, son of Rashmi Chopra and Rajesh Chopra got married with Vanshika Bobal, daughter of respondent No.2, Indrajeet Singh on 15.04.2012. All the appellants are family members of Nayan Chopra. Rashmi Chopra is mother, Rajesh Chopra is father, Am it Chopra is Brother and Anita Gandhi is Mother's Sister of Nayan Chopra, whereas Kuldeep Gandhi is husband of Anita Gandhi. NayanChopra with his mother, father and brother are resident of 203, Jainti Apartment, Police Station - Begumpet, Hyderabad (Andhra Pradesh). Anita Gandhi and Kuldeep Gandhi are resident of Greater Kailash - I, New Delhi. 2.2 After the marriage of Nayan Chopra and Vanshika, which was performed at Noida, District Gautam Buddha Nagar on 15.04.2012, Vanshika went alongwith her husband at Hyderabad, the matrimonial home of Vanshika. On 28.04.2012, Vanshika and Nayan Chopra left for the U.S.A. On or about November, 2013, Vanshika and Nayan Chopra separated. On 23.10.2014, an application was filed by Nayan Chopra in the Circuit Court for the County of Kalamazoo Family Division, Michigan, USA, seeking divorce. 2.3 On 10.11.2014, a complaint was sent by respondent No. 2 through registered post to the Superintendent of Police, Gautam BuddhaNagar, Noida making allegations against Rajesh Chopra and two other unknown persons. An application under Section 156(3) was filed by respondent No.2. The application of the respondent No. 2 was sent by the Magistrate to Mediation Centre running under the District Legal Services Authority for counselling. After failure of counselling and mediation, an application under Section 156(3) Cr.P.C. was filed by respondent No. 2 dated 10.05.2015 making allegations against all the appellants under Section 4 98A and Sections 3/4 of Dowry Prohibition Act. 2.4 In the complaint, allegations have been made on the basis of incident dated 08.11.2014 against Rajesh Chopra and his associates. It was alleged that Rajesh Chopra call the respondent No.2 near the Gurudwara at Sector 18, Noida to talk about the problem of Nayan Chopra and Vanshika and when respondent No.2 went for talks, he met Rajesh Chopra with two unknown persons. Respondent No. 2 furtheralleges that on his request to accept his daughter, Rajesh Chopra repeated his demand of one crore rupees and used filthy words against Vanshika, which was objected by respondent No.2, on which Rajesh Chopra and his associates became annoyed and they abused and beat the respondent No.2 and snatched his gold chain from his neck and Rs. 60,000/- from his pocket. The allegations within the meaning of Sections 323, 324, 504, 506, 392 of I.P.C. were made on the basis of the aforesaid incident. In the application, it was also stated that Nayan Chopra has filed a petition for dissolution of marriage in America. 2.5 On the basis of the application of divorce by Nayan Chopra, the Circuit 9th Court for the County of Kalamazoo Family Division, Michigan gave a judgment of divorce on 24.02.2016. The order of judgment of divorce was passed after hearing both Nayan Chopra and Vanshika Bobal, who were represented through attorneys. The judgment of divorce made provisions for alimony, pension benefits and retirement benefits, life insurance, property settlement and provision in lieu of dower, mutual release of claims and other provisions. 2.6 The application under Section 156(3) Cr.P.C. filed by respondent No. 2 was treated as a complaint and registered as Complaint No. 4967 of 2015, on which the learned Judicial Magistrate, Gautam Budh Nagar issued a summoning order on 17.01.2017 summoning the appellants under Sections 498A, 323, 504, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act. 2.7 The appellants filed an application under Section 482 Cr.P.C. in the High Court praying for quashing the complaint and proceedings and order dated 17.01.2017 in Complaint Case No. 4967 of 2015. In the application under Section 482 Cr.P.C, High Court passed an order referring the matter to mediation centre of Allahabad High Court. The mediation having failed between the parties, application under Section 482 Cr.P.C. was heard. The prayer of the appellants to quash the complaint and proceedings have been refused. The application was disposed of after directing that the applicants may surrender in the court below and make an application for bail within a period of two months. Aggrieved against the judgment of the High Court, these appeals have been filed.
(3.) All appeals arise out of the same order passed in their application under Section 482 Cr.P.C.;