Decided on March 14,2012

Sanjay Rastogi And Others Appellant
State of Uttarakhand and another Respondents


Hon'ble Servesh Kumar Gupta, J. - (1.) BY means of this petition, moved under Section 482 Cr.P.C., the prayer has been advanced to quash the entire proceedings of criminal complaint case No. 256/2006, Smt. Meera Rastogi Vs. Sanjay Rastogi & others, and the order of cognizance dated 9.3.2006 as well.
(2.) HAVING heard the learned counsel for the parties, it appears that respondent No. 2 was espoused with petitioner No. 1 Sanjay Rastogi on 20.2.1996. Soon after the marriage, the relations between the due erupted sour on the question of dowry and she was subjected to a constant tyrannical attitude at the hands of petitioners. In the month of April, 1996, i.e. just within two months of wedding, she was constrained to leave her matrimonial house. The husband Sanjay Rastogi came to the native place of respondent No. 2 at Sitarganj where, on account of some persuasive interactions, he agreed to open a shop of goldsmith in Sitarganj town itself. A sum of Rs. 50,000/ - was invested by the father of bride but because of the insincere attitude of the petitioner, the said venture could not be successful and petitioner Sanjay Rastogi returned to his town Bisauli, District Badayun. During this conjugal right passed by Sanjay Rastogi with his wife Smt. Meera, she was conceived and delivered a baby in June, 1998. At this occasion, Sanjay Rastogi and his family members demanded Rs. 80,000/ - , failing which she was threatened and assaulted in sundry manners. So, she again came to her native place. She thereafter lodged an FIR at P.S. Sitarganj which ended into the submission of a chargesheet. The trial of criminal case No. 800/1998 proceeded, but it appears that being scared of the punitive action in the trial, she was again fetched from her native town, on which she commenced to reside in her matrimonial home. During the period when she was dwelling with the members of her matrimonial house, she was produced in the court to adduce evidence. Smt. Meera, though supported her case in chief examination, but did not support the allegations in cross -examination and she ratified her status to be living with her husband at town Bisauli, District Badayun. So, the learned Magistrate had no option but to acquit all of the accused from the offence of Sections 498 -A/323/506 IPC on 13.9.2004. After culmination of the said trial into acquittal, she was again expelled from the house of her in -laws and then she had no other way but to return to her parents' house.
(3.) IT is averred that on 9.2.2006, all the petitioners came to her native place and insulted her in sundry ways by hurling abuses. She examined herself u/s 200 Cr.P.C. whereas u/s 202 Cr.P.C., she got examined her witnesses, namely, Sri Ramavtar Rastogi (father), Khalil Ahmed and Surendra Pal. The learned Magistrate prima facie found the case made out under Sections 452/504/506 IPC and passed the impugned order of cognizance on 9.3.2006.;

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