Decided on November 11,2013

Jagdish Kumar Ahuja Appellant
State of Uttarakhand and another Respondents


- (1.) The applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the charge-sheet dated 05.03.2010 and the summoning order dated 17.03.2010 passed by the Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No.950 of 2010 titled as State vs. Jagdish Kumar Ahuja under Sections 323, 498-A IPC and Section 3/4 Dowry Prohibition Act. The applicant also seeks to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) An FIR was lodged by respondent no.2 (Smt. Mukta) against 4 accused persons, including the applicant on 17.01.2010 at Police Station Gangnahar, Roorkee, District Haridwar for the offences punishable under Sections 323, 498-A IPC and Section 3/4 Dowry Prohibition Act. Recourse to Section 156(3) Cr.P.C. was taken by the informant in lodging the said FIR. After the investigation, a charge-sheet was submitted against the accused-applicant for the selfsame offences. The cognizance was taken by the Judicial Magistrate, Roorkee, vide order dated 17.03.2010 and accused-applicant was summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicant.
(3.) According to FIR, Smt. Mukta was married to Jagdish Kumar Ahuja according to Hindu rites and rituals. Her husband and in-laws started harassing her for want of bringing sufficient dowry. She was assaulted on 26.01.2009 again, as a consequence of which, respondent no.2 delivered a pre-mature child within 7 months of pregnancy. She was ousted from her matrimonial home on 09.06.2009. A panchayat was convened, but no fruitful results came. The informant gave an application before the women helpline. She also sent application to the S.S.P., Haridwar. Finally, taking recourse of Section 156(3) Cr.P.C. she got an FIR lodged in the police station concerned.;

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