PREETAM SINGH NEGI AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-2-36
HIGH COURT OF UTTARAKHAND
Decided on February 22,2012

Preetam Singh Negi And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

Servesh Kumar Gupta, J. - (1.) HAVING heard learned counsel for the applicants and learned Brief Holder, it transpires that Deep Shikha, daughter of Trilok Singh Rawat, resident of Haridwar Town, was engaged for wedding with proposed groom Preetam Singh Negi, son of Darmiyan Singh Negi, resident of sub -town Dharampur, Dehradun. Preetam Singh Negi at the time of engagement on dated 24.02.2006/05.03.2006 was posted as Sub Inspector in Border Security Force, somewhere at remote place in Assam province. Marriage had to be solemnized on 30.09.2006. Before the date of engagement stated above, there was a meeting of all family members of both the families on 12.12.2005 to have personal acquaintance and glance of each other and they were satisfied by coming across to each other.
(2.) IT is alleged that after the engagement, on 21.06.2006 Deep Shikha rang up to Preetam Singh Negi and apprised him that she has affairs with someone else so their proposed espoused life will not be successful and happy. On the other hand, it has been alleged that on 18.07.2006 all the applicants namely Preetam Singh Negi (proposed groom), Darmiyan Singh Negi (father of groom), Shukari Devi (mother of groom), Usha Bisht and Pushpa (both married sisters of groom) and Sohan Singh Negi (brother of groom) came to the residence of Trilok Singh Rawat and raised a demand of Maruti 800 Car in dowry, failing which they expressed their unwillingness for the proposed marriage. Darmiyan Singh Negi (father of groom) anticipating some mischievous intention on the part of Trilok Singh Rawat, moved an application to Senior Superintendent of Police, Dehradun on 31.07.2006. It was stated in the application that Deep Shikha rang up on 21.06.2006 to Preetam Singh Negi apprising him that she has affairs with someone else while her family members want to solemnize her marriage with him. Otherwise also, having noticed the posting of Preetam Singh Negi, Sub Inspector in Border Security Force, at remote place she is not willing to espouse with him. The apprehensions of Darmiyan Singh Negi came true and he found that brother of Deep Shikha namely Saurabh Rawat has lodged an FIR against all the family members named above, roping all of them under Section 3/4 of the Dowry Prohibition Act. This First Information Report has ended in the submission of the charge sheet against all the family members except Sohan Singh Negi (brother of proposed groom). Sohan Singh Negi was posted in Indian Navy at Andaman Nicobar Island so the Investigating Officer could not submit charge sheet against him while he submitted charge sheet against all the applicants for the offence under Section 3/4 of the Dowry Prohibition Act. It is also pertinent to mention that none has turned up on behalf of respondent No. 2 despite sufficient service upon him.
(3.) HAVING heard the matter in controversy and the allegations, in the light of entire facts and circumstances the First Information Report appears to be quite untrustworthy. This may also be noted that Usha Bisht (married sister of the groom) was posted as Assistant Teacher in Dev Bhumi Public School and she remained in school all through out the day during duty hours on 18.07.2006 since 08.00 a.m. to 01.50 p.m. in remote village of Srinagar, Garhwal, so it was not possible for her to reach at the residence of Trilok Singh Rawat at 11.00 a.m. Otherwise also, this was not natural that Preetam Singh Negi along with his father Darmiyan Singh, mother Shukari Devi, two married sisters and brother Sohan Singh Negi, who is posted in Andaman Nicobar Island, came to the house of Trilok Singh Rawat at Haridwar just to raise a demand of Maruti 800 Car. Had this demand was considered to be necessary, it would have been raised simply by making a phone call. So the submission of the charge sheet appears to be quite abuse of process of law. The petition has merits and it is allowed. Charge sheet No. 464 of 2006 submitted by Investigating Officer on 02.09.2006 and order of cognizance passed by Chief Judicial Magistrate, Haridwar on dated 23.09.2006 upon the said charge sheet are hereby quashed.;


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