Decided on May 21,2013

Ramesh Kumar and Others Appellant
State of Uttarakhand and another Respondents


- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to set aside the impugned order dated 07.07.2007, passed by Special Judicial Magistrate II, Dehradun, in complaint case no. 2678 of 2007, captioned as Smt. Deepa vs Banti and others, under Sections 498A, 323, 354 of IPC and under Section of Dowry Prohibition Act, whereby the learned Magistrate took cognizance of the offence against the applicants and issued summons directing them to appear before the Court to face the trial. The applicants also seek to quash the entire proceedings of complaint case no. 2678 of 2007, pending in the court of Special Judicial Magistrate II, Dehradun, in this behalf.
(2.) Complainant / respondent no. 2 filed a criminal complaint case against Banti, Ramesh Kumar and Raj Kumari (applicants) and three others in the court of Special Judicial Magistrate II, Dehradun, complaining of offences punishable under Sections 498A, 323, 354, 506 of IPC and under Section of Dowry Prohibition Act against them 2 (accused persons). After the statement of Smt. Deepa under Section 200 of Cr.P.C. and statements of PW1 Smt. Kanta Devi, PW2 Sukh Lal and PW3 Bindra under Section 202 of Cr.P.C. were recorded, the accused persons were summoned to face the trial. Learned Magistrate having found a prima facie case against the accused persons summoned them to face the trial for the selfsame offences. Aggrieved against the said order dated 07.07.2007, present application under Section 482 of Cr.P.C. was filed.
(3.) Respondent No. 2, in her complaint, stated that she was married to applicant no. 3 Banti on 20.02.2006 according to Hindu religion and rites in Muzaffarnagar. Though the parents of respondent no. 2 gave dowry in the marriage but her husband and family members of the husband were not satisfied with the dowry and therefore, they started harassing respondent no. 2 for bringing insufficient dowry. Banti (husband) took his wife Deepa alongwith him at the residence of applicant no. 1 Ramesh Kumar, jija (brother-in-law). Banti was supplying medicines in Ghaziabad. Deepa's mother came to visit her during Holi festival and took her to the parental home at Dehradun. On 17.03.2006, Banti came to Dehradun and lived with Deepa. Banti demanded a sum of Rs. 50,000/- from the mother of Deepa, which she fulfilled. In other wards, Deepa's mother paid Rs. 50,000/- to Banti. Banti took Deepa alongwith him on 19.03.2006. It appeared that everything was going on well for sometime. Once Deepa was alone in her house, Ramesh Kumar accused no. 2 / applicant no. 1 entered into her house. Ramesh Kumar (Raj 3 Kumari's husband and brother-in-law of Banti) outraged the modesty of Smt. Deepa. When Deepa protested, then only she got herself released from the clutches of Ramesh Kumar. Ramesh Kumar said that he had given Rs. 2,00,000/- to Banti and the same is to be realized from him. Banti, Ramesh Kumar and Raj Kumari told Smt. Deepa to provide them Rs. 2,00,000/-. When Deepa refused to do so, Banti slapped Deepa on her face and pressed her neck. Raj Kumari twisted her arm and threatened her with dire consequences, if she uttered a single word. On 14.04.2006, Banti sent Deepa to Dehradun and since then, she was residing with her parents. On 12.05.2007, at 07:00 P.M., Banti, Ramesh Kumar, Raj Kumari, Janki, Ghasita Ram and Ram Avtar came to the parental house of Deepa and demanded Rs. 2,00,000/-. They asked the parents of Deepa to fulfill their demand or else they will take Deepak forcibly. Thereafter, they started assaulting the parents of Deepa. Sukhlal and Bindra, the people residing in the locality invertened. Thereafter, Banti, Ramesh Kumar, Raj Kumari, Ghasita Ram and Ram Avtar fled away.;

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