SHAMON MASIH & OTHERS Vs. STATE OF UTTARKAHAND & ANOTHER
LAWS(UTN)-2012-1-58
HIGH COURT OF UTTARAKHAND
Decided on January 02,2012

Shamon Masih And Others Appellant
VERSUS
State Of Uttarkahand And Another Respondents

JUDGEMENT

- (1.) By means of this petition, the prayer has been made to quash the order of cognizance dated 15.10.2007 passed by learned Chief Judicial Magistrate, U.S. Nagar in complaint case no.4638 of 2007, Smt. Vimla Vs. Shamon & others. By the said order, learned Magistrate took cognizance for the offence of Sections 323, 504 and 506-A IPC, against all the petitioners on the complaint launched by Smt. Vimla (private respondent no.2).
(2.) The background facts, shorn of unnecessary details, are that Smt. Vimla was espoused with Shamon Masih 13-14 years ago before the institution of the complaint on 28.9.2007. No progeny was begotten out of the wedlock, so allegedly she was harassed by all the petitioners in sundry ways. It is pertinent to mention that petitioner no.1 Shamon Masih is the husband, no.2 Didar Masih is father in law, no.3 Smt. Nanhi is mother in law whereas nos.4 and 5, namely, Smt. Kiran and Smt. Madhu, are married sisters in law. Petitioner nos.1 to 4 reside in District Bareilly whereas, petitioner no.5 reside in District Pilibhit, while Smt. Vimla's native place is in village Raipur, P.S. Rudrapur, District U.S. Nagar. It has been 2 averred in the complaint that she is an illiterate homely woman, but she never made any complaint against her husband and other petitioners with a view to preserve the dignity and respect of the accused persons, but in spite of that, their atrocious and tyrant attitude became intolerant. Once, her father in law Didar Masih asked Smt. Vimla to share bed with him, in order to conceive a baby, which made her feel ashamed. At a later point of time, the accused persons strived to give poison and also sprinkled the kerosene oil upon Smt. Vimla in order to kill her, but anyhow she could manage to save herself. It has further been alleged that all the accused persons extended a massive beating and expelled her from the matrimonial house by hurling filthy abuses. She was also threatened to be killed, in case she would return to the house of accused persons. The accused persons were persuaded by the relations of Smt. Vimla as well as the villagers, but in vain.
(3.) On 23.9.2007, all the accused persons came to the native place of Smt. Vimla and began to hurl the filthy abuses. By insulting her and her parents, they all bent upon to assault her. Hearing the commotion, neighbours assembled to her rescue. Noticing the approach of neighbours, the accused persons left the spot, brandishing the arms in their hands. Smt. Vimla sent a report to the higher officers of the police on 25.9.2007, which could not yield any favourable result. So, she filed the instant complaint on 28.9.2007. She examined herself u/s 200 Cr.P.C. on 6.11.07 whereas, her two witnesses, namely, Pawan Singh and Baldev Singh were examined u/s 202 Cr.P.C. on 12.10.2007. Learned Magistrate, having gone through the contents and the statements of the complainant and that of her witnesses, passed the impugned order of cognizance, which is under challenge in this petition.;


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