Decided on June 19,2013

State of Uttarakhand and another Respondents


- (1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicant seeks to quash the entire proceedings of case no. 1749 of 1993, State vs. Pawan Kumar and others, under Sections 304B, 306 of IPC and under Section 3/4 of the Dowry Prohibition Act, registered with police station Raipur, District Dehradun, pending before the court of Chief Judicial Magistrate, Dehradun.
(2.) On 10.11.1992, an FIR was lodged by Anirudh Kumar Sharma, brother of deceased Neetu, stating therein that his sister married to Pawan Kumar Sharma on 27.06.1990 according to Hindu religion and rites. This marriage was settled by the jeeja / brotherin-law of applicant Pawan Kumar Sharma. After marriage, his sister started living with her husband at Lucknow. It was alleged that from the very beginning, the in-laws of his sister started demanding dowry from her. On account of this, she was subjected to cruelty. When the informant came to know of said fact, he went to meet his sister on 25.04.1991. The informant revealed the ordeal of his sister to his father. One week thereafter, on 01.05.1991, the victim was brought back to her parental home by her father at Dehradun. The victim was pregnant at that time. The victim was keen to give birth of her child in the house of the jeeja / brother-in-law of her husband at BHEL, Haridwar. When the relations between the parties became sour on account of demand of dowry, on 01.11.1992, the parents of the deceased went to the door of the applicant for compromise, but they were ill-treated on that date also. On account of this, the sister of the informant committed suicide on 07.11.1992, at about 04:30 P.M., by consuming pesticide in her parental home. The victim died on the same day i.e. 07.11.1992 in the hospital at Dehradun at 06:00 P.M. It was stated in the FIR that the deceased was in the habit of penning down her emotions and feelings in a diary. This diary was handed over to the police by the informant.
(3.) It is submitted by learned counsel for the applicant that in her diary the deceased showed resentment towards her parents holding her responsible for breaking her marriage. In the diary, the deceased did not pen down anything about any demand of dowry made by her in-laws. The letter which was written by the father of the deceased to the brother-in-law of his daughter after the delivery of the child of the deceased shows that father of the deceased appreciated the sincere efforts, cooperation and prompt medical attention provided by the brother-in-law to his daughter. It is relevant to point out here that a letter was also written by the deceased to her parents when she got a female child. From bare perusal of this letter it is crystal clear that at that time she did not make any whisper of any demand of dowry. It shows that a woman of such a sound mind cannot complain to her parents about any demand of dowry. It is proved from this letter that to what extent she was happy and attached to her family after having a child, learned counsel for the applicant added.;

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