Neeraj Tiwari ORDER
Neeraj Tiwari, J.
1. Heard learned counsel for the applicants, learned A.G.A. and perused the record.
2. Present application under section 482 has been filed to quash the proceeding of case No. 3606/9 of 2004 (Rajeshwari Saxena vs. Shivendra Raizada and others), under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Katghar, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad.
3. As per office report dated 27.4.2005, notice to opposite party No. 2 has been returned back after service.
4. Since matter is pertaining to the year 2005, therefore, Court is proceeded to decide the case on merits.
5. Brief facts of the case are that a complaint dated 15.04.2004 has been filed before CJM, Moradabad under Section 156(3) Cr.P.C. Which was registered as Case No. 3606/9 of 2004. It is alleged in the complaint that marriage of applicant No. 1 and opposite party No. 2 was solemnised as per hindu rights and rituals in the month of January, 1999 and dowry was given to applicants and applicants were not pleased with dowry and further demanded Rs. 80,000/- of dowry which was refused by the opposite party. After refusal, applicants have harassed opposite party No. 2-wife and thrown her out from their house. Statement of opposite party No. 2 has been recorded under Section 200 Cr.P.C. and statement of PW-1 and PW-2 has also been recorded under section 202 Cr.P.C. before the Chief Judicial Magistrate. Thereafter, learned Chief Judicial Magistrate vide order date 20.05.2004 has summoned the applicants under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act.
6. Learned counsel for the applicants submitted that in fact it is absolutely frivolous complaint and learned Chief Judicial Magistrate has also passed the summoning order without application of mind. No dowry was given by the father of the opposite party No. 2 in the marriage and marriage was solemnised in a very simple manner. In fact, opposite party No. 2 had always put pressure upon her husband-applicant No. 1 to live separately from the family of applicants, but when applicant No. 1 refused to live separately, she became annoyed and left her matrimonial house in August, 2000 and since then she is living with her parents at Moradabad. H........