NARESH KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-12-74
HIGH COURT OF UTTARAKHAND
Decided on December 05,2013

Naresh Kumar And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the cognizance order dated 25.02.2010 and the entire criminal proceedings of Complaint Case No. 1116 of 2009, captioned as Smt. Geeta Devi vs. Naresh Kumar & others, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, pending in the Court of Judicial Magistrate, Kashipur, District Udham Singh Nagar.
(2.) Complainant (respondent no. 2 herein) lodged a criminal complaint case against three accused persons (applicants herein) in the Court of Judicial Magistrate, Kashipur, District Udham Singh Nagar. Earlier, recourse to Section 156 (3) Cr.P.C. was taken by the complainant. Learned Magistrate sought a report from PS Bajpur. Learned Judicial Magistrate, vide order dated 07.12.2009, directed registration of application under Section 156(3) Cr.P.C. of the complainant as complaint case. The statement of the complainant (respondent no. 2 herein) was recorded under Section 200 Cr.P.C. Statements of Vijay Pal and Mahipal were recorded under Section 202 Cr.P.C. The report of women helpline was also filed. Having found a prima facie case against the accused persons (applicants herein), they were summoned to face the trial under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, vide order dated 25.02.2010. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) According to the complainant, she was married to Naresh Kumar on 21.11.2004 in accordance with Hindu rites and rituals. A son was begotten by her out of such wedlock. Articles were given by her father in the marriage in accordance with his capacity. Her in-laws were not satisfied with the dowry given in the marriage. They harassed her for not bringing dowry. They also assaulted her. On 12.11.2009, at 9:00 am, accused persons again harassed her for not bringing adequate dowry, abused and assaulted her. Complainant informed her father, who came to her matrimonial home, but was treated with disrespect by her in-laws. Complainant (along with her son) was ousted from her matrimonial home. An effort was made by her to lodge the FIR, but the same was not lodged, hence, she took recourse to Section 156(3) Cr.P.C., which was later on converted into a criminal complaint case. Before filing the complaint, application to SSP, Udham Singh Nagar was also sent by the complainant through registered post.;


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