- (1.) BY means of this petition under Section 482 Cr.P.C. Petitioners Smt. Chandra Prabha Pathak (mother -in -law), Smt. Neelam Pathak and Smt. Neelu Pandey sisters -in -law(Nanad) have challenged the order dated 28.11.2005 and the proceedings initiated in pursuance thereof before Chief Judicial Magistrate, Lucknow by which they have been summoned under Sections 323, 498A, 504, 506 I.P.C. on the basis of complaint made by opposite party no. 2 -Smt. Durgawati against Naveen Pathak and others having Criminal Complaint No. 247 of 2002.
(2.) NOTICE was issued to opposite party no. 2 -complainant, who filed counter affidavit. No rejoinder affidavit has been filed.
(3.) THE brief facts for deciding this petition are that the opposite party no. 2 the complainant, filed a criminal complaint alleging therein that she was married on 07.07.1995 with Naveen Pathak (non petitioner). After some time of the marriage, the in -laws start demanding dowry and taunting her. She was also abused and subjected to mental and physical cruelty by assaulting her. The sufficient dowry was given in the marriage by her parents but they were not satisfied and she is still subject to physical and mental cruelty. On 14.08.1997, she was compelled to leave the matrimonial home in the wearing cloths after assaulting her by the petitioners. The father Shri S. N. Mishra of the opposite party no. 2 was died in shock and even when he was hospitalized, the in -law of the opposite party no. 2 demanded dowry and threaten that if the demand is not fulfilled the opposite party no. 2 shall be divorced. On 08.07.2002, when the opposite party no. 2 went to matrimonial home along with her sister and Bhabhi, she found that her husband married another lady, namely, Madhuri, who is resident of Bihar and out of wedlock of Madhuri and her husband, a son was also born on 21.03.2000. She asked the petitioners how her husband allowed to solemnized second marriage then they replied that even if you bring Rs. 50,000/ - then she will also be allowed to live as a wife along with Madhuri. The petitioners also assaulted her and her sister and Bhabhi and pulled a gold chain which she was wearing. On alarm, she was saved by the neighbours. The opposite party no. 2 examined herself under Section 200 Cr.P.C. and produce as witnesses Manju Pathak and Meera Mishra under Section 202 Cr. P.C. and documents have also filed in support of her contention. I have heard Shri S.K. Srivastava, learned counsel for the petitioners and learned A.G.A. for the State. None appeared for private opposite party no. 2.;