USHA SHARMA AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-12-127
HIGH COURT OF UTTARAKHAND
Decided on December 20,2013

Usha Sharma And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants Usha Sharma and Ramesh Raman Sharma, by means of present petition moved under Section 482 Cr. P.C., seek to quash the charge-sheet dated 15.02.2010, cognizance order dated 12.03.2010 passed by learned Chief Judicial Magistrate, Haridwar (annexure-4) as well as the proceedings of Criminal Case No. 1803 of 2010, under Sections 498-A, 452, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, pending before the said Court.
(2.) Taking recourse to Section 156 (3) Cr.P.C., complainant (respondent no. 2 herein) lodged an FIR against three named accused persons including the applicants at PS Kotwali, Haridwar. After the investigation, a charge-sheet for the offences Sections 498A-, 323, 452, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act was submitted against the named accused. Cognizance was taken by the Magistrate on the same and accused persons were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by two of them. It is made clear that the husband of respondent no. 2 is not the applicant in the instant petition.
(3.) According to the compliant, respondent no. 2 married to Abhaya Bharadwaj (non-applicant) on 27.04.2008 as per Hindu rites and rituals. Her parents gave adequate articles and cash in her marriage, but the accused persons were not satisfied with the same. They started harassing her for not bringing sufficient dowry. A daughter was begotten by respondent no. 2 out of her wedlock with Abhaya Bharadwaj (non-applicant). The fury of mother-in-law and father-in-law continued unabated after the birth of a girl child. She was ousted from her matrimonial home on 20.09.2009. On 07.12.2009 accused persons came to her parental home and assaulted her in the absence of her parents. Her report was not lodged and, therefore, she had no option but to take recourse of Section 156 (3) Cr.P.C. for investigation to a criminal case against the accused persons.;


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