RAM CHANDAR AND ORS Vs. LAL SINGH S/O GENDA RAM
HIGH COURT OF UTTARAKHAND
Ram Chandar And Ors
LAL SINGH S/O GENDA RAM
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(1.) The challenge herein is to the entire proceedings of complaint case no.624 of 2008, Lal Singh Vs. Ram Chander and others, pending in the court of Judicial Magistrate, Laksar (Haridwar), and also the order of cognizance passed by the Magistrate on dated 5.9.2008 asking the petitioners to stand trial for the offences u/s 452, 323, 504 and 506 IPC.
(2.) Backdrop giving rise to the animosity between the parties is the marriage of Ms. Anita @ Hemlata D/o petitioner no.1 with Mukesh (S/o respondent) on 19.2.2007, wherein within a couple of months, matrimonial discord commenced between them which prolonged for almost a year. Meanwhile, Ms. Anita gave birth to a son on 27.1.2008 at a private nursing home at Laksar but she was persistently subjected to the tormented attitude at the hands of her husband and other family members on the question of dowry. Repeated demand of cash was made and she was pressed to fetch the same from her father and ultimately, she was expelled from her matrimonial house in early 2008. So, an FIR was lodged at P.S. Muzaffarnagar (U.P.) u/s 498-A, 323, 504 and 506 IPC r/w Section of Dowry Prohibition Act by Smt. Omkali, mother of bride against Lali Singh and five others.
(3.) When Lal Singh got notice of this legal action against him, he also started to launch a series of criminal prosecution against the petitioners. One of the FIRs lodged by Lal Singh was pertaining to crime no.123/08 u/s 452, 323, 324, 504 and 506 IPC, the investigation in pursuance whereof resulted into submission of a final report along with recommendation of proceedings under Section 182 Cr.P.C. by Inspector In-charge, Kotwali Laksar to the court concerned for taking necessary action against Lal Singh for setting law process into motion on false ground. Respondent Lal Singh also instituted a complaint case no.161 of 2010 for the similar charges aforementioned against the petitioners, the proceedings whereof were stayed by another Bench of this Court in C482 petition no.481 of 2010 on 2.6.2010. Yet another prosecution Lal Singh has strived to launch on the basis of lodging an FIR on 6.5.2012 against Ram Chandra and his family members.;
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