NEERAJ BHANODA AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Neeraj Bhanoda And Others
State of Uttarakhand and another
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(1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the chargesheet and summoning order dated 26.11.2008 passed by the Judicial Magistrate, Haridwar in Criminal Case No.686/2008 titled as State vs. Neeraj Bhanoda and others under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) An FIR was lodged by respondent no.2 (Smt. Priyanka Banodha) against 7 accused persons (applicants herein) on 01.09.2008, which was registered as case crime no.138/2008 for the offences punishable under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, at Police Station Kankhal, District Haridwar. After the investigation, a charge-sheet was submitted against the accused-applicants for the selfsame offences. The cognizance was taken by the Judicial Magistrate, Haridwar, vide order dated 26.11.2008 and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicants.
(3.) Accused Neeraj Bhanoda is the husband, Lal Chand Bhanoda is the father-in-law and Smt. Damyanti is the mother-in-law, Sandeep & Sharad are bothers-in-law and Nidhi & Shalini are the sisters-in-law of the complainant/respondent no.2. All the family members are implicated by the informant in dowry harassment case. According to FIR, victim was married to Neeraj Bhanoda (applicant no.1 herein) on 06.05.2007 at Lucknow according to Hindu rites and rituals. Her in-laws did not misbehave with her for initial three months, but thereafter the informant came to know that they were greedy persons. Her husband, alongwith his family members, started harassing her for not bringing sufficient dowry. They also assaulted her. Her husband told her to bring a sum of Rs.3 Lakhs, to be handed over to his father, so that her husband may start some business. Her brother came to see her at Lucknow, but was surprised to see her condition. He took her to Haridwar (parental home) on 13.11.2007. She remained there for 8 months. Her in-laws came to her parental home in July, 2008 and took her to her matrimonial home on 16.07.2008. Her in-laws continued to treat her with cruelty in connection with the demand of dowry. She felt ill. In the meantime, she got pregnant. On 29.08.2008, her in-laws ousted her from matrimonial home for the reason that their demand of dowry was not met. On 30.8.2008 at 7:30 AM, she reached Haridwar and again took shelter at her parental home.;
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