Neutral Citation No. - 2025:AHC-LKO:21594 Court No. - 19 Case :- APPLICATION U/S 482 No. - 1553 of 2017 Applicant :- Hari Om And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- S.C. Misra Counsel for Opposite Party :- Govt. Advocate,Sunil Kumar Singh,Vivek Kumar Divedi Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The applicants by means of the application under Section 482 Cr.P.C. have prayed for quashing the Complaint Case No.3777 of 2014; Shri Pal vs. Hari Om and others, under Sections 498- A, 304-B IPC and Section 3/4 of D.P.Act, Police Station Harpalpur, District Hardoi as well as summoning order dated 29.01.2015 as also to quash the order dated 13.02.2017 passed in Criminal Revision No.292 of 2015; Hari Om and others vs. State and another. 3. It appears that a complaint was lodged under Section 156 (3) Cr.P.C. by respondent no.2 alleging that his daughter entered into a wedlock with Hari Om. Further allegation in the complaint is that at the time of marriage, the respondent no.2 had given dowry to his best capacity, however, the applicants demanded one gold chain, coloured TV, one buffalo and Rs.50,000/- cash as dowry. Since respondent no.2 could not satisfy the aforesaid demand of the applicants, therefore, applicants used to torture his daughter and his daughter was strangulated to death on 04.06.2010. Further allegation in the complaint is that when respondent no.2 got information about the death of his daughter, he went to his daughter's in laws' house and found her dead body. It is further stated that when the respondent no.2 enquired about the cause of death of his daughter, the applicants in hurry manner cremated her body. 4. The statements of Malikhe-PW-1, Salikaram-PW-2, Rampal- PW-3 and Somwati-PW-4 were recorded under Section 202 Cr.P.C. On finding that a case has been made out against the applicants under Sections 498, 304-B IPC read with Section 3/4 of Dowry Prohibition Act, they were summoned vide order dated 29.01.2015 passed by the Chief Judicial Magistrate, Hardoi. 5. The applicants thereafter preferred a Criminal Revision No.292 of 2015 challenging the summoning order dated 29.01.2015 passed by the Chief Judicial Magistrate, which was dismissed by the judgment and order dated 13.02.2017 by the revisional court. 6. Challenging the aforesaid order, learned counsel for the applicants has contended that death of daughter of respondent no.2 was natural. In this regard he has placed a certificate issued by the K.G.Medical University, Lucknow in which the cause of death is shown as natural. It is submitted that no case under Sections 498-A, 304-B IPC read with Section 3/4 of D.P.Act is made out and accordingly he submits that the prosecution launched against the applicants is malicious and deserves to be set aside. 7. Per contra, learned A.G.A. has contended that from the reading of complaint and the statements recorded by different witnesses under Section 202 Cr.P.C, it is evident that the case under Sections 498-A, 304-B IPC and Section 3/4 of D.P.Act is made out against the applicants. It is further contended that no reliance upon the alleged certificate issued by the K.G.Medical University, Lucknow can be made at this stage inasmuch as to establish that the cause of death was natural, the evidence has to be adduced. The certificate issued by the K.G.Medical University, Lucknow on which the applicants have placed reliance is not the conclusive proof of evidence that the cause of death of daughter of respondent no.2 was natural. He has submitted that from the reading of complaint a case under Section 498-A IPC and Section 3/4 of D.P.Act was made out. It is submitted that in the complaint the date of death is shown to be 04.06.2010 whereas date of death in the medical certificate is shown as 01.06.2010, therefore, there is ambiguity about the date of death of daughter of respondent no.2 and since from the reading of complaint along with statements recorded under Section 202 Cr.P.C. an offence under aforesaid sections has been made out. Therefore, this Court may not interfere in the impugned order. 8. Be that as it may, the trial court as well as revisional court has recorded a finding that from the reading of complaint along with statements of witnesses discloses a case against the applicants under Sections 498-A, 304- IPC read with Section 3/4 of D.P.Act. The only document on which learned counsel for the applicants has placed reliance is the death certificate to contend that daughter of respondent no.2 died naturally. The question as to whether the certificate issued by K.G.Medical University, Lucknow is genuine or not and under what circumstances, it has been recorded that the cause of death is natural, is to be verified and that can be done only on the basis of evidence on record. A reading of complaint along with the statements of witnesses clearly discloses a case against the applicants under the aforesaid sections. Therefore, this Court does not find any good ground to interfere with the summoning order as well as the order of revisional court. 9. Consequently, the application under Section 482 Cr.P.C. is dismissed. Order Date :- 17.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench