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2010 Supreme(All) 2123

ASHWANI KUMAR SINGH
RANI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Santosh Tripathi for the Appellants; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Ashwani Kumar Singh, J.—Heard learned counsel for the parties and perused the entire record of the case.

2. This petition under Section 482 Cr.P.C. has been filed for quashing of the proceeding of Complaint Case No. 4234 of 2006 (Smt. Sushma Sharma v. Pandit Kallu and others), under Sections 498-A IPC and 3/4 D.P. Act, pending in the Court of Judicial Magistrate, Ghaziabad and also for quashing of the summoning order dated 28.1.2005.

3. Submission of learned counsel for the applicants is that in the present case, the whole family, consisting of father-in-law, mother-in-law, husband and other members of the family including the applicants, who are ‘nand’ and ‘nandoi’, as alleged, had made demand of dowry alongwith others to Smt. Sushma Sharma, who got married to Kallu @ Ravi about six years back. Learned counsel further submits that in the statement of Smt. Sushma Sharma, recorded under Section 200 Cr.P.C., she states that she was beaten for demand of dowry of Rs. 50,000/-. There is general allegation in her statement with regard to beating, but there is absolutely no specific averment as to who gave beating to Smt. Sushma Sharma. Even, there is no medical evidence t





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