BISHMVARI DEVI AND OTHERS Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2013-11-81
HIGH COURT OF UTTARAKHAND
Decided on November 19,2013

Bishmvari Devi And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 07.04.2010, passed in criminal case no. 1733 of 2009, State of Uttarakhand vs Sanjay Diwedi, under Section 498-A of IPC and Section 3/4 of the Dowry Prohibition Act, pending before the court of Addl. Chief Judicial Magistrate, Kotdwar.
(2.) Taking recourse to Section 156(3) of Cr.P.C., informant (respondent no. 4 herein) lodged an FIR on 21.05.2009, at police station, Kotdwar, District Pauri Garhwal against four accused persons, including the applicants, for the offences punishable under Section 498-A of IPC and of the Dowry Prohibition Act. After the investigation, charge-sheet was submitted only against Sanjay Diwedi, who was the husband of respondent no. 4 for the offences punishable under Section 498-A of IPC and of the Dowry Prohibition Act. No case was found to have been made out against the other accused persons, namely, Bishmvari Devi (mother-in-law), Anusuya Prasad jeth (brother-in-law) and Km. Kalpana nanad (sister-in-law). Proceedings of the criminal case started on the basis of said charge-sheet.
(3.) When PW1 Suman Diwedi (respondent no. 4 herein) entered into the witness box, she supported prosecution version. In other words, PW1 reiterated what was got written by her in her FIR. She also stated a few things against her mother-in-law, brother-in-law and sister-in-law in her examination-in-chief. After her evidence, PW1 moved an application under Section 319 of Cr.P.C. before Addl. Chief Judicial Magistrate, Kotdwar for summoning her mother-in-law, brother-in-law and sister-in-law. Being satisfied with the sufficiency of reasons given in application under Section 319 of Cr.P.C., present applicants were summoned to face the trial under Sections 498-A of IPC and of the Dowry Prohibition Act, vide impugned order dated 07.04.2010. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved.;


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