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2015 Supreme(MP) 352

B.D.RATHI
Kamal Vashisht – Appellant
Versus
Hemlata – Respondent


Advocates Appeared:
For the Petitioner:R.K. Sharma, Advocate.
For the Respondents:Sanjay Sharma, Advocate.

JUDGMENT :

B.D. Rathi, J.

1. With the consent of parties matter is finally heard.

2. By invoking the inherent powers of this Court, the instant petition has been filed by the petitioners under Section 482 of Code of Criminal Procedure (in short 'the Code') seeking the relief of quashment of order dated 15-10-2008 passed by learned Judicial Magistrate First Class in Criminal Case No. 1892/2008 whereby the cognizance for the offence under Section 498-A of IPC has been taken against the petitioners.

3. Brief facts of the case are that on 08-05-1995 marriage of respondent No. 1 Smt. Hemlata Sharma was solemnized with petitioner No. 1 as per Hindu ritual and rites. Complainant has stated that as per capacity of her father dowry and house- hold articles were given in the marriage. It is alleged that accused/petitioners were not satisfied with the dowry given in the marriage and they used to demand dowry of Rs.1 lac and grains and on non-fulfillment of demand of dowry, they used to hurl filthy language, assault her and subjected to cruelty. It is further alleged that accused persons/petitioners used to threat the complainant to kill her by pouring kerosene oil. Complainant has further alleged












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