MANOJ AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-3-124
HIGH COURT OF UTTARAKHAND
Decided on March 12,2012

Manoj And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) This Court has rendered hearing to learned counsel for the petitioners while none has turned up on behalf of respondent no. 2 even in the revised call, so this Court has given hearing to learned AGA for the State.
(2.) Having heard learned counsel for the parties, it transpires that petitioner no. 1 Manoj was espoused with respondent no. 2 Prabha on 24.06.2005 at Haridwar and out of the wedlock one son named Jatin was born. It is alleged that after a couple of months of wedding, petitioners who all are members of the matrimonial house, besides Sandeep Kumar Mittal, who is maternal uncle of Manoj and resident of nearby village, began to divulge their dissatisfaction for the insufficient dowry and sundry articles gifted by father of Prabha in the wedding. They began to raise a demand Rs. 1,00,000/- more and in this regard, even Sandeep Kumar Mittal rang up to father of bride by his mobile phone, number whereof was indicated in the First Information Report. Feeling constrained, brothers of Prabha again gave Rs. 1,00,000/- on 10.02.2006 to the petitioners but this too could not content them. They again raised a demand of Rs. 2,00,000/- at the occasion of birth of master Jatin but all persuasions in this regard went in vain.
(3.) Atrocities were escalated to the extent of compelling Prabha to leave her matrimonial house on 19.04.2007. She lodged First Information Report on 15.05.2007 against all the petitioners, which ended in submission of charge sheet, after investigation. Learned Magistrate took cognizance of the matter on 28.07.2007 on the said charge sheet, which is under challenge by way of this petition.;


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