Decided on May 18,2012

Santosh Kumar Khanna And Another Appellant
State of Uttarakhand and another Respondents


- (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 exonerated him.;

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