JASWANT SINGH AND OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-10-108
HIGH COURT OF UTTARAKHAND
Decided on October 28,2013

Jaswant Singh and Others Appellant
VERSUS
State of Uttarakhand and another 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 06.04.2010, passed in criminal case no. 1030 of 2009, State vs Rajveer Singh (arising out of case crime no. 488 of 2007), under Section 498-A of IPC and Section of the Dowry Prohibition Act, relating to police station Sitarganj, District Udham Singh Nagar, pending before the court of Addl. Judicial Magistrate, Khatima.
(2.) Respondent no. 2 gave a complaint to Circle Officer, police station, Sitarganj on 30.12.2006, for taking action against the accused persons, namely, her husband, father-in-law, mother-in-law, brother-in-law, sister-in-law, uncle-in-law and aunt-in-law. Thereafter respondent no. 2 lodged an FIR against seven accused persons on 02.03.2007 in police station Sitarganj, which was registered as case crime no. 488 of 2007, under Section 498-A of IPC and Section of the Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against the husband of respondent no. 2. Cognizance was taken on the same and Rajveer Singh (husband of respondent no. 2) was summoned to face the trial. Trial commenced. Statement of the accused Rajveer Singh was recorded. Thereafter, PW1 Smt. Manjeet Kaur entered into the witness box to depose in favour of her FIR.
(3.) Pw- 1 Smt. Manjeet Kaur supported the contents of her FIR (Ext. Ka-1) in her examination-in-chief. Smt. Manjeet Kaur also implicated her father-in-law, mother-in-law, brother-in-law, sister-in-law, uncle-in-law and aunt-in-law and said that they were also involved in harassing her on account of not bringing sufficient dowry. Respondent no. 2 also said that her neighbour Nirmal Singh witnessed the incident but connived with the accused persons. She further said that Bachan Singh, Pyara Singh, Laxman and Om Prakash also witnessed the incident but they too have connived with the accused persons.;


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