AJAY PAL & OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Ajay Pal And Others
State of Uttarakhand and another
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(1.) By means of this petition, the prayer has been
advanced to quash the chargesheet no. 195, submitted by
PS Dalanwala, Dehradun on 17.11.2005 in Crime No.
283/2005, and the order of cognizance passed thereupon
by the learned Magistrate. Chargesheet for the offences
under Section 498A, 323 IPC read with Section 3/4 of
Dowry Prohibition Act has been filed against all the accused
persons and they have been summoned to stand trial.
(2.) Having heard learned Counsel for the applicants
and learned Brief Holder for the State, it is divulged that
Smt. Pooja Pal was married with Ajay Pal on 28.11.2002 at
Dehradun. Both are the residents of same city Dehradun
itself. For quite sometime after the marriage, behaviour of
accused applicants towards Smt. Pooja Pal was normal. But
subsequently she came to know that her husband has illicit
relationship with his bhabhi (her sister-in-law). Smt. Pooja
Pal herself had seen both of them in compromising position.
When she objected to this relationship, she was beaten by
all the accused applicants on 18.11.2004. She got herself
medically examined at Doon Hospital. The matter was
compromised on the intervention of Police Station
Dalanwala. But again on 8.5.2005, the accused applicants
bate her. They also spitted in her mouth. She again got
herself medically examined at Doon Hospital, Dehradun
and personally called on DGP on 18.6.2005 and narrated to
him the tale of atrocities committed by the accused
applicants towards her. On the intervention of DIG, matter
was again compromised between the parties on 24.6.2005
and as a result thereof, Smt. Pooja Pal once again agreed to
live in her in-laws house. But after sometime, on 17.9.2005
she was again bitterly assaulted by all the accused
applicants, but anyhow she managed to escape from her
matrimonial house and took shelter in her parental house.
(3.) She has stated that her father is a poor labourer
and has various ailments. So, he is unable to maintain Smt.
Pooja Pal and her child, who was only two years old at that
time. She stated that she was also expecting her second
delivery after 3-4 months. She was scared of accused
applicants that they might destroy her fetus and also kill
her. The accused applicants used to threaten her that if she
would approach the police, then she would be divorced.
Accused applicants also demanded rupees fifty thousand on
the pretext of repairing their residential house.;
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