PANKAJ NAQVI,J. - (1.) Heard Sri Ram Sagar Yadav, learned counsel for the applicants and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C has been preferred for quashing the proceedings including the summoning order dated 17.3.2015 passed in Complaint Case no. 8053 of 2014, under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act, P.S. Sadar Bazaar Saharanpur, District Saharanpur, pending in the Court of Chief Judicial Magistrate, Saharanpur.
(3.) The O.P. no.2 lodged a complaint against the applicants alleging that she was married to applicant no.1 on 26.4.2013, as per Sikh rites in Delhi, in which considerable dowry items, cash to the tune of Rs. 5 lac was spent on the marriage, but the opposite parties were not satisfied with the same, started harassing her physically / mentally and also by depriving her from food. It was further alleged that with the view to torture her applicant no.1 obtained her nude photographs, prepared a video and threatened her that in the event demands are not met, same would be uploaded on the net. She alleges that in the evening of 25.6.2014, applicants no. 1 to 4 assaulted her and applicant no.1/husband gagged her mouth with a piece of cloth. The victim narrated the entire incident to her parents. Her relatives approached the P.S, concerned with a complaint and when the police insisted the applicants to come at the police station, they again assaulted the victim and the in laws instigated their son that she be put to death by pouring kerosene over her. Eventually, she was rescued by the police and was medically examined at their instance. It was finally alleged that the applicants have retained the entire stridhan. The complainant examined herself and her witnesses Sardar Jitendra Singh and Manjeet Kaur in support of allegations made in the complaint. The learned Magistrate after considering the materials on record, proceeded to summon the applicants in the above offences under order dated 17.3.2015, which is impugned herein.;