AJAY PAL & OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2012-5-127
HIGH COURT OF UTTARAKHAND
Decided on May 18,2012

Ajay Pal And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (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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