JUDGMENT :

Indrajeet Shukla, J.

1. Heard Sri Shobhit Singh, learned counsel for the petitioner, learned AGA for the State-respondent and Sri Chandan Srivastava, learned counsel for the private respondent.

2. The Present application under Section 482 CrPC, now 528 BNSS, assails the summoning order dated 17.01.2023 passed under Section 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Ghazipur, District Lucknow including entire criminal proceedings qua Complaint Case No. 96681 of 2021 (Nancy Verma Vs. Hirendra Kushwaha and others) pending in the court of Special Chief Judicial Magistrate (Custom) Lucknow.

3. The operative portion of summoning order dated 17.01.2023 reads as under:

Facts in brief

4. The prosecution story as unfolded in the application under section 156(3) CrPC is being recapitulated as under:

“The complainant has alleged that she was married to Hirdendra Kushwaha, son of Jaglal Maurya, on 14.12.2015, in accordance with Hindu rites and customs. According to her, no child was born from the wedlock even after three years of marriage, which led to a quarrel between the spouses. The further allegation is that her mother-in-law taunted her by calling her a “barren woman”. It is stated that despite her repeated requests to consult a doctor, her husband neither agreed to undergo medical examination of himself nor permitted the complainant to seek medical consultation, and instead allegedly told her that if she is desirous to have a child, she should establish physical relations with his brother. The complainant has further alleged that on the night of 23.11.2020, following a quarrel over the issue of childlessness, she called her husband impotent and incapable of fathering a child, whereupon her husband, father-in-law and brother-in-law assaulted her. It is alleged that thereafter her husband confined her in a room, where her father-in-law and brother-in-law committed rape upon her one after another and threatened her with dire consequences if she disclosed the incident. She has further stated that upon regaining consciousness she found herself locked inside the room, and the following morning, after the door was opened by her mother-in-law, she escaped to her parental home.Further assertions, owing to fear, trauma and social stigma, she initially remained silent and disclosed the incident to her family members only after a few days, whereafter she submitted an application dated 31.07.2021 at Police Station Ghazipur seeking registration of the case.”

5. It comes out from a bare reading of prosecution story, that during the course of a quarrel, in a fit of anger, the complainant called her husband impotent, which enraged her husband and brother-in-law, who said, that they would show her their manhood. “The husband, father-in-law and brother-in-law beat her severely” and the husband dragged her and locked in a room and she was allegedly raped by her brother-in-law and father-in- law. In the morning, when her mother-in-law opened the door, the complainant fled to her parental home. The complainant’s mother asked the complainant several time about the incident but out of fear and social stigma, the complainant remained silent and made herself isolated. With the passage of time, the complainant’s mental condition improved, then she narrated the entire incident to her family members. It is further mentioned in the complaint that, upon receiving assurance and support from her parental family, the complainant submitted a written report of the incident at Police Station Ghazipur, District Lucknow on 31^st July, 2021 but there being no action taken by the police, constrained her to approach the court.

6. The application u/s 156(3) CrPC was treated as complaint case by the learned magistrate following procedure contained in Chapter XV of CrPC, 1973.

7. The complainant’s statement under Section 200 Cr.P.C. was recorded on 05.04.2022, which is reproduced verbatim as under:

“My marriage took place with Hirendra Kus