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2010 Supreme(All) 3166

ASHOK SRIVASTAVA
NAVEEN KUMAR SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.K. Dixit for the Revisionist; Apul Mishra, G.A. for the opposite party.

JUDGMENT

Hon’ble Ashok Srivastava, J.—List has been revised. None is present either from the side of the revisionists or from the side of opposite party No. 2. Learned A.G.A. is present.

I have heard learned A.G.A. and perused the records.

It is evident that both the Courts below have held that the facts of the case are undisputed.

2. A brief mentioning of relevant facts appears necessary. The marriage of revisionist No. 3 was settled with one Manoj s/o opposite party No. 2. The ring-ceremony was solemnized and a number of articles including ornaments were given to revisionist No. 3 at the time of the ring-ceremony. A date of marriage was fixed. Thereafter it came to the knowledge of revisionist No. 3 and her parents that the landed property as was stated to be in the ownership of Manoj was much less and that he was running a liquor shop and there may be a possibility that he may be a possibility that he may be a drunkard. Therefore, the bride side broke the marriage settlement.

3. Feeling aggrieved by their action the opposite party No. 2 filed a complaint case before the learned Magistrate who recorded the statements under Sections 200 and 202 Cr.P.C. Thereafter, the learned Magistrat














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