VIKRAM SINGH AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Vikram Singh And Others
State of Uttarakhand and another
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(1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the entire proceedings of criminal case no. 1216 of 2010 (State vs. Vikram Singh and others) under Sections 498-A IPC and 3 /4 of the Dowry Prohibition Act pending before the Chief Judicial Magistrate, Tehri Garhwal.
(2.) Respondent no. 2 lodged an FIR against five accused persons including the applicants at police station Chamba, District Tehri Garhwal on 19.08.2010 for the offence punishable under Section 498A IPC and 3 /4 of the Dowry Prohibition Act. After investigation, a charge-sheet was submitted against four accused persons (present applicants) for the self same offences. Cognizance was taken on the same and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved by the accused-applicants.
(3.) According to the complaint (FIR), informant Kavita Chauhan was harassed and ill treated by the applicants. She was subjected to physical and mental cruelties. She was also harassed for dowry. She alleged that she tolerated the same for some time, made complaint to her parents, who persuaded her to stay in the house of her husband. Under compulsion, she was forced to come to her parental house on 21.02.2010. She was being treated in a hospital and the entire expenses were borne by her parents. She made complaint to Superintendent of Police on 26.04.2010. She was called in Women Help line, but the same could not change the attitude of members of her matrimonial home. She indicated the names of accused-applicants in her complaint. Learned counsel for the applicants contended, among other things, that the allegations are general (sweeping) in nature, no offence, even prima facie, is made out against them and the court at Tehri Garhwal has no territorial jurisdiction to take cognizance of the offence.;
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