Pankaj Naqvi, J. - (1.) Heard Sri Amrit Shanker Dubey, learned counsel for the applicant, Sri Preetam Yadav, learned counsel for the opposite party and Sri B.D. Nishad, learned AGA.
(2.) This application under Section 482 Cr.P.C has been preferred for quashing the proceedings of Complaint Case No. 150 of 2014, under Sections 498-A/323/506 IPC and 3/4 D.P. Act, pending in the court of Judicial Magistrate, Firozabad as well as summoning order dated 19.08.2014.
(3.) A criminal complaint filed by O.P. No.2 alleges that she was married to applicant no.1 on 30.04.2004, in which dowry to the tune of Rs. 8 lacs was paid to applicants but as the lust of the applicants was not satisfied, they started harassing the applicants by insisting for an additional demand of Rs. 2 lacs and a car and the complainant/O.P. No.2 in the event of not fulfilling the said demand, applicants assaulted her and also deprived her of food but she continued to bear onslaught with the expectation that with the passage of time normalcy would be restored but that was not to be as she was thrown out of the house on 14.07.2011. It was further alleged that the complaint lodged a case as Case Crime No. 364/2011, under Sections 498A, 323, 504 IPC and 3/4 of D.P. Act at P.S. Rasoolpur against the applicants, but subsequently a settlement was recorded and she went back to her in-laws but was again thrown out, whereas on 01.12.2013 all the applicants came to the house of the complainant and insisted for divorce and upon refusal to do so, she was again assaulted by all the applicants. The complainant examined herself and also her father Mahendra Kumar Agarwal in support of the allegations. The learned Magistrate after considering the complaint allegations, statements and other materials on record proceeded to summon the applicants for above offences under order dated 19.08.2014.;