SANTOSH KUMAR KHANNA & ANOTHER Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Santosh Kumar Khanna And Another
State of Uttarakhand and another
Click here to view full judgement.
(1.) Having heard learned Counsel for the parties, it
appears that Smt. Durga, a girl belonging to Scheduled Cast
community, got married to Apoorv Khanna, son of the
applicants petitioners, on 30.11.2008 at Kashipur.
Applicants are doctors and they run their own
clinic/nursing home at Kashipur. On 1.10.2009, Smt.
Durga filed a complaint under Section 156(3) CrPC against
the applicants and her husband Apoorv Khanna, wherein
she alleged her maltreatment at the hands of her in-laws for
fulfillment of their demand of dowry. She alleged that they
demanded very hefty amount of money in dowry and asked
Smt. Durga to go to her paternal home to get arranged the
money by her father by selling five acres of agricultural
land. She further averred in her complaint that when the
trials and tribulations reached at its zenith, Smt. Durga left
her matrimonial house. However, the date of leaving the
house is not mentioned in the complaint.
(2.) It is also stated that Apoorv Khanna filed a Suit
No. 213/2009 against Smt. Durga on 12.8.2009 for
restitution of conjugal rights. On 30.9.2009, when Smt.
Durga accompanied by her father Jagdish Prasad and one
Indra Lal, Pradhan of her village, came in the court of
Family Judge, Kashipur to attend the proceedings of the
said suit, they were called by the applicants and their son
Apoorv Khanna on the pretext of compromise and settling
the terms of the same. On the said pretext, the applicants
brought Smt. Durga, her father Jagdish Prasad and Indra
Lal at their house. It is alleged that instead of talking on the
terms of settlement, they allegedly threatened Smt. Durga
and her father and also abused them. Subsequently, fracas
took place between them, in which Jagdish Prasad suffered
hidden injuries. It has also been averred that just on the
next day of her marriage, she came to know that her
husband Apoorv Khanna is an impotent persons and he is
unable to conjugate.
(3.) With the above allegations, Smt. Durga filed a
Criminal Complaint Case No. 2436/2009 on 1.10.2009,
wherein she examined herself under Section 200 CrPC,
while Jagdish Prasad, her father and Indra Lal were
examined under Section 202 CrPC. Thereafter the learned
Magistrate passed the impugned order of cognizance dated
19.11.2009 and summoned the applicants petitioners to
stand trial for the offences punishable under Section 323,
504, 498A IPC and Section 3/4 Dowry Prohibition Act.
However, learned Magistrate did not find the allegations
made against Apoorv Khanna as prima facie true and hence
Copyright © Regent Computronics Pvt.Ltd.