RAM SINGH AND TWO OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Ram Singh And Two Others
State of Uttarakhand and another
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(1.) The applicants Ram Singh, Lal Singh and Smt. Kamlesh Singh, by means of present petition moved under Section 482 Cr. P.C., seek to quash the cognizance order dated 10.02.2009 (annexure no. 1) passed by the Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, in Criminal Case No. 124 of 2009, in respect of offences punishable under Section 498-A of IPC and Section 3/4 Dowry Prohibition Act, pending before the said Court.
(2.) A complaint was filed by the complainant (respondent no. 2 herein) against the accused persons including the present applicants in the Court of A.C.J.M., Kashipur, on 15.01.2009 for the offences punishable under Sections 498-A, 306 and 506 of IPC and Section 3/4 of the Dowry Prohibition Act. After recording the statement of the complainant under Section 200 Cr.P.C. and the statements of the witnesses under Section 202 Cr.P.C., the accused-applicants were summoned to face the trial for the offences punishable under Section 498-A IPC and Section 3/4 of the Dowry Prohibition Act, vide order dated 10.01.2009. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) Applicant no. 1 is father-in-law, applicant no. 2 is brother-in-law (jeth) and applicant no. 3 is sister-in-law (jethani) of respondent no. 2. Her husband Sukhdeo Singh, since deceased, served in Indian Army. Respondent no. 2 was issueless. Allegation has it that the applicants started harassing the respondent no. 2 for bringing dowry. She was treated with cruelty for non-payment of Rs. five lacs as dowry. Complainant (respondent no. 2) moved several applications to the authorities concerned, but to no avail. She had no option but to file the criminal complaint case before the ACJM, Kashipur.;
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