- (1.) The present application has been filed with the prayer to set-aside the summoning order dated 21.4.2015 passed by Additional Civil Judge (JD)/ Judicial Magistrate, Court No.3, Bijnor in complaint case no. 411 of 2014 (Smt. Kavita vs. Dharmendra and others) under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Bijnor. Further prayer has been made to stay the proceedings of the aforesaid complaint case.
(2.) Heard Shri Amit Rana, learned counsel for the applicants, Shri Neeraj Srivastava, learned counsel for the opposite party no.2 and the learned AGA appearing for the State.
(3.) It was submitted by the learned counsel for the applicants that applicant nos. 2 and 3, who are parents of husband of the opposite party no.2, have no concern with the present offence. General allegations have been made against the applicant nos. 2 and 3. Applicant no.1, who is husband of opposite party no.2 is facing trial. Offence under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act are not attracted in the present matter against the applicant nos. 2 and 3. Role of applicant nos. 2 and 3 is distinguishable with the role of the applicant no.1, who has obtained bail in compliance of the order dated 1.7.2015 passed by this court and is participating in the proceedings before the court below. In support of his aforesaid contentions, learned counsel for the applicants placed reliance on the decision of the Apex Court in Geeta Mehrotra Vs. State of U.P. and others, 2012 10 ADJ 464.;