RAJESH MAHESH GUPTA Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Rajesh Mahesh Gupta
State of Uttarakhand and another
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(1.) By means of this petition, the challenge is to the entire proceedings of criminal complaint case no.4740 of 2007, Smt. Alka Vs. Rajesh and others as also the order of cognizance dated 9.10.2007 passed by the Chief Judicial Magistrate, Haridwar asking the petitioner and six others to stand trial for the offence of Section 406 IPC.
(2.) At the outset, it is pertinent to mention that the petitioner and respondent no.2 are the husband and wife. Among other accused, who have been summoned by the Court, are Mukesh & Satish Gupta (petitioner's brothers); Smt. Usha and Smt. Sandhya (married sisters-in-law); Kishore Gupta (cousin brother-in-law) and Mukesh Narang (petitioner's friend).
(3.) Marriage was solemnized between the parties on 2.10.1995 at Mumbai, i.e. place of living of petitioner, whereas respondent no.2 hails from Haridwar (Uttarakhand). Out of the wedlock, a daughter was born on 22.10.1996. After a couple of years, matrimonial discord occurred and the relations between the duo could not remain peaceful and amicable. It has been stated in the complaint that before marriage, various articles, including Rs.5.25 lakh in cash, were given to the accused persons in Haridwar at the time of engagement whereas accused persons offered jewellery and other articles worth Rs.75.25 lakh to respondent no.2. Respondent no.2 entrusted the entire articles to the parents of petitioner after marriage and due to matrimonial dissensions she was assaulted by her husband on 7.11.2005, and ultimately, she was pushed from running vehicle on 28.11.2005. Since then she is living at her parents house.;
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