NARENDRA KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Narendra Kumar And Others
State of Uttarakhand and another
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(1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the charge-sheet dated 29.01.2009, as also summoning order dated 02.03.2010, as well as the entire proceedings of criminal case no. 1545 of 2010, State vs Narendra and others, under Section 3/4 of the Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Haridwar.
(2.) Informant (respondent no. 2 herein) lodged an FIR on 28.01.2009, in police station, Kotwali, Haridwar against six accused persons, including the applicants, which was registered as case crime no. 39 of 2009, under Section 3/4 of the Dowry Prohibition Act, 1961. After the investigation of the case, a charge-sheet was submitted against the accused-applicants for the selfsame offence. Cognizance was taken on the same and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved.
(3.) As per the FIR, informant solemnized engagement ceremony of his daughter with applicant no. 1 on 19.11.2008. Many an ornaments alongwith valuable articles were given in said ceremony. On 22.11.2008, accused persons demanded a cash of Rs. 1,00,000/- and a motorcycle. Informant expressed his inability to meet such demand. Since the demand of accused persons was not met, therefore, the marriage of informant s daughter with applicant no. 1 could not take place. Taking recourse to Section 156(3) of Cr.P.C., report was lodged at police station, Kotwali, Haridwar at the instance of informant (respondent no. 2 herein). Whereas applicant no. 1 was the person with whom the daughter of respondent no. 2 was to be married, Applicant no. 2 was the father of applicant no. 1. The remaining applicants were the relatives of applicant no. 1.;
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