- (1.) Complaint Case No. 6549 of 2011 (Kanwaljeet Kaur Vs. Amit Sood & others) was filed by complainant/ opposite party no.-2 against her husband Amit Sood and his family members for alleged cruelty due to demand of dowry and using physical force against her. In said case CJM, Saharanpur has passed order of cognizance and summoning dated 14.5.2016. Apart from abovenamed Amit Suit his family members namely Rajendra Sood @ Rajinder paul, Mother Neeta Sood @ Neeta Rani and brother Kapil Sood were also summoned for prosecution of offence under section 498-A, 323 IPC and 3/4 D.P. Act. The proceedings of said complaint case has been challenged through present application under section 482 Cr.P.C by Rajendra Sood, Neeta Sood and Kapil Sood.
(2.) Counsel for the applicant contended that there has been general and vague allegations against applicants in complaint case, who reside separately from Amit Sood and complainant/O.P. no.-2, but they were falsely implicated in this matter without any reason. Therefore, proceedings against them should be quashed.
(3.) Counsel for the O.P. no.-2 contended that applicants are family members of the husband of complainant and it is their legal and moral duty to protect the applicants during altercation and dispute with her husband, but this duty was not discharged by them, therefore they should also be prosecuted.;