OM PRAKASH AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-5-154
HIGH COURT OF UTTARAKHAND
Decided on May 21,2013

Om Prakash and others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the chargesheet dated 29.08.2006 filed under Section 498A of IPC, pending in the court of Judicial Magistrate, Laksar, District Haridwar.
(2.) An FIR was lodged by respondent no. 2 against Arun Kumar (husband), Om Prakash, jeth (brother-in-law), Smt. Geeta, jethani (sister-in-law), Arjun, bahnoi (brother-in-law), Nirvesh, nanad (sisterin-law) and Krishan Kumar (brother-in-law) on 11.07.2006, in police station Laksar District Haridwar in respect of offences punishable under Sections 498A, 323, 504, 506 of IPC and under Section of the Dowry Prohibition Act. After the investigation, chargesheet was submitted against the accused persons. Cognizance on the said chargesheet was taken by the learned Magistrate. The accused persons were summoned to face the trial in respect of the offences complained of against them. Aggrieved against the said order, present application under Section 482 of Cr.P.C. was filed by the applicants.
(3.) Taking recourse to Section 156(3) of Cr.P.C., it was written in the FIR that respondent no. 2 was married to applicant no. 6 on 29.02.2000. The father of respondent no. 2 spent Rs. 2,00,000/- in the marriage of her daughter. The in-laws of respondent no. 2 started harassing her for demand of dowry soon after the marriage. Twice, the Panchayats were convened, in which the applicants tendered apology and the matter subsided. On 10.02.2005, applicant no. 6 and other family members of the husband demanded Rs. 50,000/- and a Hero Honda motorcycle from the parents of respondent no. 2. When they expressed their inability to do so, the applicants ousted respondent no. 2 from her matrimonial home and since then the respondent no. 2 alongwith her daughter was residing in her parental home. On 18.03.2006, at 09:00 A.M., the husband of respondent alongwith other applicants came to the parental home of respondent no. 2 at Laksar and demanded cash worth Rs. 50,000/- and Hero Honda motorcycle. They said that they would take back respondent no. 2 only when their demands were met. When the father of respondent no. 2 expressed his inability to do so, the applicants got furious and started abusing the father of respondent no. 2. When respondent no. 2 requested them not to do so, they started assaulting respondent no. 2. Witnesses Satlesh and Karan Singh intervened. Respondent no. 2 got herself admitted in Government Hospital Raisee. The applicants were on the look out of a compromise with respondent no. 2 and her parents. When the same did not materialize, respondent no. 2 gave a report to the police station Laksar, who directed respondent no. 2 to approach Women's Help Line. On 03.04.2005, respondent no. 2 sent her application to the Sr. Superintendent of Police, Haridwar and also sent a letter to the Women's Help Line, but no action was taken. On 12.04.2006, respondent no. 2 again sent a letter to the Sr. Superintendent of Police, Haridwar. When police did not initiate any action, respondent no. 2 moved an application before the court concerned under Section 156(3) of Cr.P.C.;


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