USHA RANI AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Usha Rani And Others
State of Uttarakhand and another
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(1.) This judgment will adjudicate both the above titled petitions, as the same have arisen out of the submission of a common chargesheet against the petitioners.
(2.) It is a matrimonial case based on the lodging of a first information report on 11.6.2010 by respondent no.2 Vipin Kishore (father of Ms. Vishwani). The complainant moved an application u/s 156(3) Cr.P.C. on 21.5.2012 before the concerned Magistrate, whereupon the favourable orders could be passed and the FIR could be lodged against all the petitioners for the offences u/s 323, 313, 498-A, 506 IPC r/w Section 3/4 of Dowry Prohibition Act.
(3.) In short, the marriage of Ms. Vishwani was solemnized with Kaushlendra Sharma S/o Ram Sewak Dass Sharma on 28.4.2009 at Haridwar and in consonance with Indian tradition, the father of bride spent almost Rs.12.00 lakh in organizing the marriage. A lot of dowry, including jewellery as well as the cash to purchase a Maruti Car, was also given to the petitioners. After a couple of months, the discord commenced between the groom and the bride. The other family members of the groom also gave vent to their dissatisfaction about the insufficient dowry. Thus, in order to content them, Rs.30,000/- in the start of February, 2009 and further Rs.50,000/- in the month of December, 2009, were given to the petitioners. Thereafter, Ms. Vishwani was conceived but she was taken to Agra on the pretext of a pleasure trip where she was forced to abort her female fetus of three months against her wishes.;
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