JUDGMENT

Ram Manohar Narayan Mishra, J.

Heard Ms. Chhay Gupta, learned counsel for the petitioners, Sri Girja Shankar Prajapati, learned counsel for the private respondent and Sri Ashish Mani Tripathi, learned A.G.A. for the State and perused the record.

2. Present petition under Article 227 of the Constitution of India has been filed against the impugned order dated 14.2.2023 passed by learned Additional Sessions Judge, Court No. 12, Meerut, in Crl. Revision No. 664 of 2022 (Smt. Smriti Singh and others v. State of U.P. and another) and the impugned summoning order dated 29.10.2021 passed by learned Additional Chief Judicial Magistrate, Court No. 7, Meerut, in Complaint Case No. 11145 of 2021 ( Rahul Kumar v. Smriti and others), P.S. Jani, District Meerut against the petitioner nos. 2 to 6 under Section 452 , 323, 504, 506 IPC.

3. The factual matrix of the case which are relevant for present petition is that respondent no. 2 Rahul Kumar, is husband of petitioner no. 1 and petitioner nos. 2 to 6 are family members of petitioner no. 1. Respondent no. 2 filed a complaint bearing Complaint Case No. 11145 of 2021 ( Rahul Kumar v. Smriti and others) with averment that his marriage with Smt. Smriti Singh was solemnized on 20.2.2018 in accordance with Hindu rites and rituals in simple manner without any dowry. She came to her matrimonial home after being send off from her parental home after marriage but she was not feeling well at the place of complainant as she is a woman of modern thinking. She was very demanding. She was also exerting pressure on complainant to come at her parental place and live with her there but the complainant was not ready to concede to this demand of his wife as it was not possible for him to leave his own parents. She is very obstinate and used to remain outside the home without any information. On 3.6.2019 when complainant was away from his house in connection with his duty, his wife Smriti in absence of complainant and being accompanied by her father, brother, sister-in-law, another brother Samarjeet and mother Urmila Devi, took away Rs. 2,00,000/- kept in the house as well as the jewellery (gold and silver) and clothes with her. When he came back to home, he found his almirah open and neighbours informed him that Smriti, her parents and others had gone taking a big bag with him. When he enquired this fact from his wife, she became abusive and threatened him to implicate in false cases. His wife was repeatedly cheating him and got her fetus aborted without his consent and in absence of complainant. When he came to know this fact, he objected, but his wife Smt. Smriti Singh threatened him to implicate in some false case if he tried to get her pregnant.

4. On 27.10.2019, on the date of Deepawali, accused persons Smriti and his family members trespassed into the house of complainant and tried to force him to go along with them at Gurgaon and live with them. When he protested to this, they ransack the things kept in his house, created commotion, abused him and threatened him with life and to implicate him in false cases. When he informed this incident to local police, his report was not lodged on the pretext that this is family matter. The complainant examined himself under Section 200 Cr.P.C. and witnesses Khemchandra and Mahendra under Section 202 Cr.P.C..

5. During enquiry under Section 200 and 202 Cr.P.C., learned trial court after perusal of material on record and considering submissions of learned counsel for the complainant came to conclusion that a prima facie case under Sections 406, 323, 504, 506 IPC is made out against Smriti and