Decided on October 06,2012

Parvej And Another Appellant
State of Uttarakhand and another Respondents


- (1.) Having heard learned Counsel for the applicants and learned AGA for the State and on going through the papers on record, it appears that an FIR was lodged by Smt. Najiya Parveen on 26.4.2012 against seven persons including her husband, mother-in-law, sister-in-law and brothers-in-law for the offences under Section 323, 504, 498A IPC and 3/4 Dowry Prohibition Act.
(2.) Brief facts, giving rise to filing of the present FIR, are that Smt. Najiya Parveen was wedded with Gul Sannavar on 19.4.2009. Soon after the marriage, she had to undergo various types of atrocities and tyrannies at the hands of the accused persons for fulfillment of their demand of dowry as they were not satisfied with the gifts and other articles given at the time of marriage. Out of this wedlock, she gave birth to a baby girl on 21.10.2010. She went through all the trials and tribulations, but her ordeal continued. Stung by such a cruel behaviour of the accused persons, named in the FIR, she ultimately left her matrimonial home and started residing with her parents. Thereafter she lodged an FIR. Investigation culminated into submission of chargesheet but only three persons i.e. her husband Gul Sannavar and the present applicants, namely, Parvej and Soni.
(3.) It has been argued by the learned Counsel that the applicants are brothers-in-law and they are living separately from Gul Sannavar, and they have been falsely implicated in this case being the relatives. The Court is not inclined to accept this argument. Initially FIR was lodged against seven accused persons. After the investigation, chargesheet has been submitted only against three accused persons, named above. Four other accused have already been absolved by the Investigation Officer. This fact itself reflects the fairness of the investigation. Reliable evidence has been collected against the chargesheeted accused, which should be tested in the trial.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.