RAM AUTAR SINGH & OTHERS Vs. MONICA THAKUR
HIGH COURT OF UTTARAKHAND
Ram Autar Singh And Others
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(1.) Since all these three petitions pertain to the
Complaint Case No. 1564/2011 (New No. 154/2012), Smt.
Monika Thakur v. Ram Autar Singh, pending in the Court of
Judicial Magistrate II, Dehradun, hence these are being
decided by this common judgment and order.
(2.) In C482 Petition No. 996/2012, filed by Ram
Autar Singh (Ram Avtar Singh) & Others, and C482
Petition No.570/2012, filed by Vishal Oberai & Others,
prayer has been made to quash the entire proceedings of
aforesaid complaint case including the order of cognizance
dated 13.12.2011 asking the accused persons to stand trial
for the offence under Section 406 IPC read with Section 3/4
Dowry Prohibition Act. On the other hand, C482 Petition
No. 948/2012 has been filed by the complainant Smt.
Monika Thakur seeking direction to the court below for
expeditious disposal of the said complaint case within the
timeframe as this Court may deem proper.
(3.) Having heard the pros and cons, it appears that
the dispute is among Monika Thakur and Rahul Thakur on
the one side, and all the accused persons on the other side.
It can be noticed that Rahul Thakur is the son of Ram
Avtar Singh and Smt. Pawan Thakur. Gaurav Thakur is the
real brother of Rahul Thakur while Vishal Oberai and Smt.
Priya Oberai are respectively real brother-in-law and sister
of Rahul Thakur. Mr. Ram Avtar Singh has abandoned her
movable and immovable property including three shops but
he felt that after the marriage of his son Rahul Thakur with
Monika Thakur, they were not paying obedience to him and
his other family members. So he published a declaration in
the Hindi daily Amar Ujala dated 10.9.2010 that he has
devastated Mr. Rahul Thakur from his movable and
immovable properties and thenceforth he shall not be
responsible for any act done by Rahul Thakur and his wife
Monika Thakur. After this publication in the newspaper, a
family settlement took place on 7.10.2010, whereby certain
family property including some shops was entrusted to
Rahul Thakur. It was also mentioned in that settlement
that Smt. Monika Thakur has also got her stridhan back
which also included all her jwellaries.;
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