Criminal Appeal No. 2055 of 2014 (Arising out of Special Leave Petition (Crl.) No. 4656 of 2011). Case: Kailash Chandra Agrawal Vs State of U.P.. Supreme Court (India)
| Case Number | Criminal Appeal No. 2055 of 2014 (Arising out of Special Leave Petition (Crl.) No. 4656 of 2011) |
| Counsel | For Appellant: Shekhar Kumar, Adv. and For Respondents: Shomila Bakshi, Mona K. Rajvanshi and M.R. Shamshad, Advs. |
| Judges | V. Gopala Gowda and A.K. Goel, JJ. |
| Issue | Dowry Prohibition Act, 1961 - Section 6; Indian Penal Code (IPC) - Section 406; Code of Criminal Procedure (CrPC) - Sections 200, 202, 482 |
| Judgement Date | Tuesday September 16, 2014 |
| Court | Supreme Court (India) |
Judgment:
A.K. Goel, J.
1. Leave granted.
2. This appeal has been preferred against the Order dated 2nd May, 2011 of the High Court of Judicature of Allahabad declining to quash the proceedings against the Appellants Under Section 406 of the Indian Penal Code and Section 6 of the Dowry Prohibition Act, 1961.
3. The case of the complainant in the FIR registered on 4th May, 2010 in the Bhelupur Police Station at Varanasi is that her marriage was solemnised on 30th April, 2005. Her brothers who lived abroad gave lot of dowry and cash in the marriage but her family could not fulfil more demands raised by the elder brother of her husband's father, who was the head of the joint family on account of which family members of her husband were not satisfied and tortured her. On account of torture, she came to her parents house with her child on 1st March, 2009 she gave a complaint on 27th April, 2010 leading to registration of the FIR on 4th May, 2010. She also filed complaint in the Court of Additional Chief Judicial Magistrate, Varanasi. In the said complaint, the Appellants were summoned vide Order dated 30th November, 2010.
4. Aggrieved by the said summons, the Appellants moved the High...
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