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2014 Supreme(SC) 674

V.GOPALA GOWDA, ADARSH KUMAR GOEL
KAILASH CHANDRA AGRAWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
For Petitioner(s) Mr. Shekhar Kumar, Adv.
For Respondent(s) Ms. Shomila Bakshi, Adv. Mrs. Mona K. Rajvanshi, Adv. Mr. M. R. Shamshad, Adv.

JUDGMENT

Adarsh Kumar Goel, J.

Leave granted.

2. This appeal has been preferred against the Order dated 2nd May, 2011 of the High Court of Judicature of Allahabad declining to quash the proceedings against the appellants under Section 406 of the Indian Penal Code and Section 6 of the Dowry Prohibition Act, 1961.

3. The case of the complainant in the FIR registered on 4th May, 2010 in the Bhelupur Police Station at Varanasi is that her marriage was solemnised on 30th April, 2005. Her brothers who lived abroad gave lot of dowry and cash in the marriage but her family could not fulfil more demands raised by the elder brother of her husband’s father, who was the head of the joint family on account of which family members of her husband were not satisfied and tortured her. On account of torture, she came to her parents house with her child on 1st March, 2009 she gave a complaint on 27th April, 2010 leading to registration of the FIR on 4th May, 2010. She also filed complaint in the Court of Additional Chief Judicial Magistrate, Varanasi. In the said complaint, the appellants were summoned vide Order dated 30th November, 2010.

4. Aggrieved by the said summons, the appellants moved the Hig










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