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2021 Supreme(All) 1167

ASHUTOSH SRIVASTAVA
Bahadur Singh Rautela – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Suresh Gupta, Rajendra Singh
For the Respondent: Pankaj Tripathi, Sandeep Kumar Dubey

JUDGMENT :

1. The instant application u/s 482 Cr.P.C. has been filed for quashing the order dated 16.9.2009 passed by the learned Judicial Magistrate-II, Varanasi whereby rejecting the discharge application and the entire proceedings of Criminal Complaint Case No. 4191 of 2007 (Govind Singh vs. Bahadur Singh Rautela and others) u/s 498-A, 406, 504, 506 I.P.C. and u/s 3/4 Dowry Prohibition Act, P.S. Lanka, District Varanasi, pending in the Court of the Judicial Magistrate-II, Varanasi.

2. The facts shorn of unnecessary details are that the opposite party No.2 lodged a complaint before the learned Magistrate on 12.10.2007 alleging therein that the applicant No.1 Bahadur Singh Rautela is the husband of his daughter Sunita, while the applicants No. 2 & 3 are the father-in-law and mother-in-law, respectively. The marriage of the daughter of the O.P. No.2 took place on 22.4.2004. At the time of marriage, the daughter Sunita was employed in Kota (Rajasthan). In the marriage of his daughter, the O.P. No.2 gave articles to the applicants much more than his means and the list of the articles are attached to the complaint. Soon after marriage the applicants began to demand more and insisted for

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