Decided on September 18,2012

Ram Autar Singh And Others Appellant
Monica Thakur Respondents


- (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.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.