Decided on April 13,2012

Anoop Sharma S/o Sri P.L. Sharma,,P.L. Sharma S/o Late Sri Hira Lal Sharma and Mrs. Kamlesh Sharma W/o P.L. Sharma All R/o 41 C/5, Rajpur Road Dehradun Appellant
State of Uttarakhand and another Respondents


B.S. Verma, J. - (1.) THIS Criminal Misc. Application U/S 482 Cr.P.C. has been preferred to quash the charge sheet dated 3 -2 -2010 submitted against applicant No. 1, Anoop Sharma U/Ss 494, 376, 120B, 504, 506 and 406 I.P.C., against applicant No 2, P.L. Sharma, U/Ss 420 and 120B I.P.C. and against applicant No. 3, Mrs. Kamlesh Sharma U/Ss 420, 120B and 406 I.P.C. as well as to quash the entire proceedings of Criminal Case No. 630 of 2010, State Versus Anoon Sharma and others pending in the Court of Chief Judicial Magistrate Dehradun. The averments made in the application are that One Smt. Savitri Devi is engaged in collecting the advertisement for 'Time of India' where applicant No. 1 was also working where they became friend and taking advantage of this friendship Savitri Devi has got prepared a marriage registration certificate in a forged manner. The applicant No. 1 never got married with Savitri and he has married with the daughter of respondent No. 2 on 11 -2 -2009 and due to conduct of Savitri Devi the matrimonial relations of applicant No. 1 with the daughter of respondent No. 2 became disturbed. It is also mentioned in the application that Smt. Savitri Devi was married with one Neeraj Verma, from whom she has one daughter Km. Varnika Verma born on 3.6.2000, but in a road accident Neeraj Verma died on 15.4.2006 and thereafter Smt. Savitri Devi is residing in her parental house at 120, Karanpur, Dehradun.
(2.) ACCORDING to applicants, on 21 -10 -2009, at about 6.30 P.M. the respondent No. 2 lodged a first information report against them with the allegations that he had published an advertisement for marriage of his daughter Avnish, thereafter applicants came to his house and by saying that applicant No. 1 Anoop Sharma is a bachelor, solemnized the marriage of applicant No. 1 with his daughter, but later on he came to know that the applicant No. 1 Anoop Sharma is already married with one Smt. Savitri Devi, as such the applicant No. 1 has committed rape with the daughter of respondent No. 2 after cheating her and now the applicants are demanding the money from respondent No. 2 and they are also not returning the Stridhan of his daughter Avnish. On the basis of F.I.R. case crime No. 236 of 2009 was registered at P.S. Dalanwala District Dehradun against the applicants U/Ss 494, 376, 420, 120B, 504, 506 and 406 I.P.C. It is alleged in the petition that the matter has amicably been settled between applicants and respondent No. 2 and stridhan was returned to respondent No. 2. The respondent No. 2 issued an account payee cheque No. 67783 dated 26 -6 -2009 of Rs. 3 lacks was issued in favour of respondent No. 2 towards the expenses of marriage which was encashed by respondent No. 2 on 29 -6 -2009. On 3 -7 -2009 Smt. Savitri Devi filed O.S. No. 258 of 2009 Smt. Savitri Devi Vs. Anoop Sharma and another in the Court of Principal Judge, Family Court, Dehradun U/S 11 of Hindu Marriage Act, 1955 for declaring the marriage solemnized between applicant No. 1 and Avnish (daughter of respondent No. 2) as null and void. The said petition has been dismissed by the Principal Judge, Family Court Dehradun vide order dated 23 -2 -2011, holding that the petitioner Smt. Savitri Devi has failed to establish that her marriage was solemnized with the applicant Anoop Sharma on 18 -6 -2007.
(3.) THE Investigation was conducted by police on the F.I.R. lodged by respondent No. 2 and after completing the investigation the police submitted charge sheet against the accused/applicants. Applicant Anoop Sharma was charge sheeted U/Ss 494, 376, 120B, 504, 506, 406, 420 I.P.C.; applicant P.L. Sharma was charge sheeted U/Ss 420, 120B I.P.C. and the third applicant Kamlesh Sharma was charge sheeted U/Ss 120B, 420 and 406 I.P.C. The learned Magistrate took cognizance on the charge sheet vide order dated 8 -3 -2010 and criminal case was registered against the accused/applicants.;

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