MAHIPAL SINGH AND OTHERS Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
Mahipal Singh And Others
State of Uttarakhand and others
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(1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the chargesheet no. 14 / 13 dated 14.02.2013, under Sections 498A, 323, 504, 506 of IPC and under Section 3/4 of the Dowry Prohibition Act as also the summoning order dated 18.03.2013 passed by Addl. Chief Judicial Magistrate, Haridwar, in case no. 483 of 2013, State vs. Shashank Rathi.
(2.) An FIR was lodged by respondent no. 3 against the applicants in police station Kankhal, Haridwar on 25.01.2013, in respect of offences punishable under Section 323, 504, 506, 498A of IPC and under Section 3/4 of Dowry Prohibition Act. After the investigation, chargesheet was submitted against the accused persons (applicants) in respect of self same offences. Aggrieved against the said order, present application / petition under Section 482 of Cr.P.C. was filed.
(3.) Respondent no. 3 is the complainant, who is also the victim. Applicant no. 1 Mahipal Singh is the father-in-law, applicant no. 2 Smt. Sudha Rathi is the mother-in-law and applicant no. 3 Shashank Rathi is the husband of respondent no. 3. In her FIR, she alleged, among other things, that she was married to applicant no. 3 on 3rd December 2010. Several articles were given in the marriage, but the husband, father-in-law and mother-in-law of respondent no. 3 were not satisfied with the articles, which were gifted in the marriage. They started harassing respondent no. 3 for non-fulfillment of sufficient dowry. Applicant no. 3 was serving at Rae Bareli. Respondent no. 3 was threatened that she will not be permitted to live with her husband (applicant no. 3). Applicant no. 3 is a drunkard and he used to hurl abuses at respondent no. 3. Respondent no. 3 became pregnant. Applicant no. 3 assaulted and tortured her, causing her miscarriage. Respondent no. 3 was sent to Bhopa, District Muzaffarnagar in the month of October 2011. Applicant no.3 also assaulted the younger sister of respondent no. 3. Applicants also put revolver on the temple of respondent no. 3 and demanded dowry. Respondent no. 3 again became pregnant, but again she suffered miscarriage on account of assault and torture given to her. In April 2012, applicant no. 3 was transferred to Varanasi. Applicant nos. 1 and 2 also started living in Varanasi. Applicant no. 3 attempted to administer 'phenyle' to respondent no. 3, who consumed it, but vomited the same. On 21.09.2012, again, respondent no. 3 was tortured and assaulted. Applicant no. 2 wanted respondent no. 3 to indulge in prostitution. A bare perusal of the contents of FIR reveal that the offences punishable under Sections 323, 506, 498A of IPC and Section 3/4 of Dowry Prohibition Act were made out, atleast against applicant nos. 2 and 3.;
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