SHRAWAN KUMAR AND ORS. Vs. ASHA
LAWS(UTN)-2013-12-46
HIGH COURT OF UTTARAKHAND
Decided on December 26,2013

Shrawan Kumar And Ors. Appellant
VERSUS
ASHA Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) THE applicants, by means of present petition moved under Section 482 Cr.P.C., seek to quash the impugned summoning order dated 15.05.2009 (annexure -8) passed by learned Judicial Magistrate, Haridwar, in Criminal Complaint Case No. 537 of 2008, captioned as Asha vs. Shrawan and others, under Section 406 IPC as well as the proceedings of the said case. A criminal complaint case was filed by the complainant (respondent herein) against six accused persons including the present applicants in the Court of Judicial Magistrate, Haridwar. After recording the statements under Sections 200 and 202 Cr.P.C., accused persons were summoned to face the trial for the offence punishable under Section 406 IPC, vide order dated 15.05.2009. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(2.) EARLIER an application under Section 156(3) Cr.P.C. was filed by the complainant with the request to direct the PS concerned to register the case under appropriate Section (s) and investigate the case, but such an application [under Section 156(3) Cr.P.C.] was dismissed by the selfsame Court vide order dated 16.09.2009. The contents of the later complaint and the former application were at variance, although the subject matter was the same (marriage dispute).
(3.) ACCORDING to the complaint filed by the complainant (respondent herein) against the accused persons including the applicants, she was married to applicant No. 1 according to Hindu rites and ritual at Kankhal, Haridwar. Her parents and relatives spent Rs. 3 lacs in the marriage. After the marriage, accused persons started harassing her for want of bringing sufficient dowry. On 21.11.2007 also, the accused persons abused and assaulted her. Although, she continued to tolerate the cruelty meted out to her at earlier points of time, but on 21.11.2007, she was ousted from her matrimonial home. Respondent was again sent to her matrimonial home (by her parents) with some gifts/articles. On 25.12.2008, she was again asked to bring Rs. 2 lacs from her parental home and was assaulted, as a consequence of which, she sustained grievous injuries on her abdomen. Applicants threatened that the articles brought by respondent shall be sold, she will be given divorce and the applicant No. 1 (husband) will marry to another woman, and therefore, the complaint under Section 406 IPC was filed. She supported the complaint case in her statement under Section 200 Cr.P.C. Her witnesses, namely, Surendra Singh and Premwati also supported her case in their statements under Section 202 Cr.P.C. Having found a prima facie case and giving adequate reasoning, applicants were summoned to face the trial for the offence punishable under Section 406 IPC, which order is under challenge before this Court.;


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