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2012 Supreme(All) 2237

VIJAY PRAKASH PATHAK
G. N. MISHRA – Appellant
Versus
DIVYA AWASTHI – Respondent


Advocates:
Counsel :
P.C. Mishra and B.C. Rai for the Applicants; K.K. Tiwari, Om Prakash Mishra and G.A. for the Respondents.

JUDGMENT

Hon’ble Vijay Prakash Pathak, J.—This application under Section 482 Cr.P.C. has been preferred by the petitioners with the prayer to quash the entire proceeding of complaint Case No. 8152 of 2010, Smt. Divya Awasthi v. Amit Kumar and others, under Sections 498-A,323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station-Modi Nagar, District-Ghaziabad, pending in the Court of Addl. Chief Judicial Magistrate, Court No. 5, Ghaziabad, as well as the summoning order dated 24.11.2010 passed by the learned Addl. Chief Judicial Magistrate, Court No. 5, Ghaziabad, in the aforesaid case.

2. The brief facts of the case are that opposite party No. 2, Smt. Divya Awasthi, filed a complaint in the Court of Vth Addl. Chief Judicial Magistrate, Ghaziabad against Amit Kumar (husband), G.N. Mishra father-in-law (petitioner No. 1), Smt. Veena Mishra, mother-in-law (petitioner No. 2), Sweta Mishra (nanand) and her husband Awdhesh Mishra, alleging therein that her marriage was solemnized with Amit Kumar on 24.4.2008 at Lucknow and her father, on settlement with the petitioners gave Rs. 10 lakhs cash in lieu of the amount intended to be spent on the marriage and also gave the necessa































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