PATAN DEEN TIWARI AND OTHERS Vs. STATE OF U P THRU SECY, HOME CIVIL SECTT, AND ANOTHER
LAWS(ALL)-2019-8-143
HIGH COURT OF ALLAHABAD
Decided on August 09,2019

Patan Deen Tiwari And Others Appellant
VERSUS
State Of U P Thru Secy, Home Civil Sectt, And Another Respondents

JUDGEMENT

Rajendra Kumar - (1.) By means of this application, under Section 482 Cr.P.C., applicants herein Patan Deen Tiwari, Smt. Sushila alias Chameli, Umashankar, Santosh and Nanbabu approached this Court for quashing the summoning order dated 11.02.2011 passed by Additional Chief Judicial Magistrate-I, Gonda in Complaint Case No. 2032 of 2010, under Section 498 I.P.C., P.S. Tarabganj, District Gonda whereby applicants herein have been summoned for facing trial and subsequent proceeding thereof.
(2.) Facts giving rise to the present application are that the marriage of applicant no. 2 was solemnized with opposite party no. 2 on 6.5.2006 according to Hindu rites, and after marriage applicant no. 2 remained in her matrimonial home (Sasural) and performed her duties as wife. After some time, family members of opposite party no. 2 started demanding dowry from applicant no. 2, she was harassed by them for demand of dowry. She filed an application under Section 156(3) Cr.P.C. before Civil Judge (Junior Division), Gonda and also filed an application under Section 125 Cr.P.C. before the competent Magistrate against opposite party no. 2 Ganesh Dutt.
(3.) Opposite party no. 2 Ganesh Dutt, only to save his skin, moved an application under Section 156(3) Cr.P.C. for lodging F.I.R. against the applicants herein which came to be registered as complaint case by A.C.J.M.-I, Gonda stating that applicant no. 2 Smt. Sushila Devi has performed re-marriage with accused-applicant no. 3 Uma Shankar? on 4.7.2010, without taking divorce, during his life time.?;


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