Decided on November 30,2012

State of Uttarakhand and another Respondents


Servesh Kumar Gupta, J. - (1.) DURING the course of arguments, it was revealed that a similar petition No. 235/2012 under Section 482 CrPC is also filed by Nannu Singh and Smt. Rajeshwari Devi, parents of Pankaj Kumar Singh. That petition is not listed today. But in the interest of justice, it would be expedient to hear that petition together with the petition listed today. So, the C482 Petition No. 235/2012 is also summoned from the Registry. Since, both these petitions challenge the chargesheets submitted by the Investigation Officer against the petitioners for the offences of Section 498A IPC (husband or relative of husband of a woman subjecting her to cruelty) read with Section 3/4 Dowry Prohibition Act and the orders of cognizance passed thereupon. So, both these petitioners are being disposed of by this single judgment. Petitioner Pankaj Kumar Singh is the husband of Smt. Baiju Thapa while petitioners Nannu Singh and Smt. Rajeshawari Devi are her father -in -law and mother -in -law respectively. It was a time way back in 2006 when Pankaj Kumar Singh was pursuing his engineering studies at Dehradun, he fell in courtship with Ms. Baiju Thapa there, which ultimately resulted in solemnization of the marriage of the duo on 13.12.2006. having passed the blissful marital life for almost one and half year stretchable up to two years, the matrimonial discord started and the relations between the couple became sour. Eventually Pankaj Kumar Singh left for United States in late 2008 on Student VISA for higher studies and his so leaving India was consented by his wife Smt. Baiju Thapa. Pankaj Kumar Singh left his wife to live in the company of his parents at Hapur (a sub -urban area), Uttar Pradesh, where Nannu Singh was in the Government job posted as a Horticulture Inspector. So, Smt. Baiju Thapa kept on shuffling from Hapur (in -laws house) to Dehradun (native place) and finally she could not feel comfortable at Hapur and came to reside with her parents at Doon (a developed city) in May, 2010.
(2.) RELATIONS between the husband and wife could not be normal, nonetheless the endeavor was made by the elders as well as the persons of community of Smt. Baiju Thapa at Dehradun. So, ultimately an FIR was lodged by Smt. Neelam Thapa (mother of Smt. Baiju Thapa) on 27.8.2011 at PS Garhi Cantt., Dehradun against the petitioners nay Ms. Alka, Ms. Rati and Ms. Isha (all the three sisters of Pankaj Kumar Singh). Petitioners rushed to this Court and in the course of time all of them were granted arrest stay, but culmination of investigation resulted in submission of impugned chargesheets. However, the Investigation Officer absolved all the three sisters and did not find their complicity in the alleged offence. So, these chargesheets and the orders of cognizance passed thereupon have been challenged by filing the above -titled petitions.
(3.) THIS Court has rendered hearing to learned Counsel of both the parties as well as the State Counsel.;

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