SHAMON MASIH & OTHERS Vs. STATE OF UTTARKAHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Shamon Masih And Others
State Of Uttarkahand And Another
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(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
(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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