The court emphasized the need for caution in exercising inherent powers under Section 482 Cr.P.C in matrimonial disputes and considered the contradictions in the complainant's statements and the misuse of criminal prosecution for ulterior motives.

JUDGMENT :

1. The opposite party no. 2 appeared in person and she has filed a counter affidavit. She stated that she will advance her submissions by herself, as she is not in a position to afford to pay the fee of any Advocate. The Court offered to provide the services of an Advocate at the State’s expenses but she declined the. After this, the Court proceeded to hear the submissions of Dr. Lalta Prasad Misra, the learned counsel for the applicants, Sri Anurag Verma, learned A.G.A-I for the State and Ms. Disha Kappor, the opposite party no. 2 in person, who has produced her Adhaar Card to establish her identity.

2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the summoning order dated 08.11.2023 passed by the court of Additional Chief Judicial Magistrate, Room No. 27, Lucknow and the entire proceedings of Complaint Case No. 9780 of 2022 instituted in furtherance of Miscellaneous Case No. 325/2022, which was an application filed by the opposite party no. 2 under Section 156(3) Cr.P.C (Disha Tandon Vs. Ayush Tandon and others) under Sections 498-A, 325, 506 I.P.C. and 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, Hazratganj, District Lucknow, which is pending in the court of Additional Chief Judicial Magistrate, Room No. 27, Lucknow.

3. The opposite party no.2 had filed the application under Section 156(3) Cr.P.C. against 10 persons - (i) Ayush Tandon son of Amit Tandon (the applicant no.1) (ii) Ashutosh Tandon ‘Gopal Ji’, son of Lalji Tondon (Minister, Government of Uttar Pradesh) (iii)- Madhu Tandon wife of Ashutosh Tandon (iv) Subodh Tandon, son of Lalji Tandon (v)-Vandana Tandon wife of Subodh Tandon (vi) Amit Tandon, son of Lalji Tandon (the applicant no.2) (vii)- Namita Tandon wife of Amit Tandon (the applicant no. 3) (viii) Teeru Khanna daughter of Ashutosh Tandon (ix)-Saloni Sehgal daughter of Amit Tandon (x) Vansh Tandon son of Subodh Tandon, stating that she got married to the applicant no.1 on 11.12.2019. The grandfather of the applicant no.1 used to treat the opposite party no.2 affectionately and respectfully but after his death, all the accused persons used to harass her mentally and they used to abuse and beat her. Uncle of the applicant no.1, who was an Hon’ble Minister, used to encourage him to beat his wife. About two months after death of the grandfather of the applicant no.1, the opposite party no.2 was turned out of her matrimonial home on 28.09.2020. Prior to it, the entire family had harassed the opposite party no.2 and applicant no.1 had beaten her and caused a fracture in her hand. When the opposite party no.2 went to her matrimonial home on 08.10.2020, all the accused persons had treated her badly. Uncle of the applicant no.1 had threatened the opposite party no.2 to get the opposite party no.2 shot by his matrimonial uncle Chandra Mohan Mehrotra (who had not been arrayed as a party to the application filed under Section 156(3) Cr.P.C). On the first wedding anniversary of the opposite party no.2 summons of a suit for annulment of marriage was issued by the Family Court. The opposite party no.2 categorically stated in the application filed under Section 156(3) Cr.P.C., that she merely wants that she should be given the same respect by her husband and his family members as was given during the lifetime of the grandfather of the applicant no.1 but the uncle of the applicant no.1 keeps on threatening her because of his high political position.

4. It was further stated in the application under Section 156 (3) Cr.P.C. that when the opposite party no.2 had gone with her mother to meet her husband on 16.12.2021, the accused persons abused them from the balcony, threatened them, and stated that till the opposite party no.2 gave Rs. 50 lakhs and a Fortuner car in dowry, she will not be able to live in her matrimonial home. She gave an application to the police on 02.01.2022, but she was pressurized to withdraw her complaint. She gave several application