- (1.) Present application under section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 30.5.2012 as well as subsequent proceedings in Case No.2648 of 2011(Satyaveer Singh Vs. Smt. Kavita Singh) under Section 406 I.P.C., P.S. Izzatnagar, District Bareilly.
(2.) Rival Parties in this case are husband and wife. Opposite party no. 2 Satyaveer Singh (husband) filed a criminal complaint against Smt. Kavita Singh, applicant (wife) and his brother alleging that his marriage was solemnized with Smt. Kavita Singh on 4.12.1999 in accordance with Hindu rights. The marriage resulted in birth of two sons. Complainant, Satyaveer Singh (Husband) has stated that suddenly Smt. Kavita Singh, applicant stared misbehaving him. Her brother Amar Singh also instigated Kavita to force her husband to live with her at Aligarh where her parents were residing. Complainant, Satyaveer Singh allegedly refused to accompany her to her parental home.
(3.) It is alleged that on 9.6.2006 applicant Ms. Kavita Singh and his brother collected the gold articles given by the parents of complainant along with cash amount of Rs.2,52,000/- entrusted by husband and went back to her parental home on the pretext of attending her sick father. Complainant, Satyaveer Singh on his return noticed the absence of jewelry and cash therefore, talked to her wife on telephone. She promised to come back within two weeks along with cash and jewelry but she did not return it and instead filed an Application No.68 of 2008 under Section 125 Cr.P.C., a petition bearing No.351 of 2007 under Section 9 of Hindu Marriage Act,1955 and thereafter a suit No.87 of 2011 for divorce under Hindu Marriage Act, 1955.;