AMALENDU ROY Vs. STATE OF UTTARANCHAL & ANOTHER
LAWS(UTN)-2012-3-46
HIGH COURT OF UTTARAKHAND
Decided on March 06,2012

AMALENDU ROY Appellant
VERSUS
State of Uttaranchal and another Respondents

JUDGEMENT

Servesh Kumar Gupta, J. - (1.) BY means of this petition, moved u/s 482 Cr.P.C., the prayer has been advanced to quash the entire proceedings of criminal case no.1737/2006, State Vs. Amalendu Roy, pending in the court of Chief Judicial Magistrate, U.S. Nagar, and the cognizance order made by learned Magistrate therein. The facts are that on 18.12.2003, Smt. Reelu Roy, at her thirties, was espoused with Amalendu Roy, who, at that time, was at his fifties. Respondent no.2 was the second wife of petitioner. However, the Court is not in acquaintance as to what happened with the first wife of petitioner.
(2.) HAVING passed a couple of months blissfully, the differences cropped up between the parties and she was subjected to sundry modes of atrocities by the family members of the groom on the question of dowry. Ultimately, she was left with no option but to leave the matrimonial house on 30.3.2005 in the morning and it is alleged that her entire Stridhan was thus, grabbed by the petitioner and his family members. Haplessly, she came to reside along with her father and brother. She lodged an FIR on 18.3.2006 against the petitioner for the offences punishable under Section 406/323/319/328/506/498 -A IPC and 3/4 of Dowry Prohibition Act, pertaining to crime No. 730/2007 at P.S. Rudrapur, Distt. U.S. Nagar. The investigation was made and the chargesheet was submitted against the petitioner only for the offences under Section 498 -A IPC and 3/4 of Dowry Prohibition Act, and the learned Magistrate, on submission of chargesheet, has taken cognizance in the matter on 3.7.2006. Learned counsel for the petitioner has submitted that petitioner filed a divorce petition u/s 13 of Hindu Marriage Act before the family court of Principal Judge, Lucknow on 23.9.2005, and when Smt. Reelu Roy got summons of that petition, then as a counterblast, she filed a case on 11.11.05 u/s 125 Cr.P.C. before the Principal Judge, Family Court, U.S. Nagar, and also moved an application u/s 24 of Hindu Marriage Act on 6.12.2005 before the Principal Judge, Family Court, Lucknow. After filing both these applications, she lodged the instant FIR, whereupon the order of cognizance has been passed. Having heard the pros and cons of the matter, this Court feels that the Investigating officer has submitted the chargesheet only against the petitioner (husband), whereas, other family members, whom against the allegations were also made, have been exonerated. The fact of demanding dowry and also the commission of atrocities upon Smt. Reelu Roy, is a factual controversy, to be taken care of and adjudicated only by the court below. This Court is not inclined to exercise the powers u/s 482 Cr.P.C. in the matter. Therefore, the petition is bereft of any merit and liable to be dismissed. Petition is, accordingly, dismissed. Interim order granted by this Court on 19.02.2007 is hereby vacated. Information be sent to the court below to proceed with the trial ahead.;


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