GOPAL DATT JOSHI Vs. CJM BAGESHWAR

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the charge sheet and the proceedings in Criminal Case No.543 of 2006, State Vs. Gopal Datt Joshi & others, U/s 498-A IPC and 3/4 of Dowry Prohibition Act {hereinafter to be referred as the Act}, pending before CJM Bageshwar.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that respondent no.2-Smt. Nima Joshi was married with Sanjay Joshi son of petitioner Gopal Datt Joshi in 1998, however her mother in law Smt. Vimla Joshi ousted her from the house for bringing less dowry, but her maternal uncle came and persuaded the petitioners. After some days, the complainant gave birth to a daughter on which the atrocities being committed upon her were increased. When she reported about the same to Tehsildar, the Tehsildar came and settled the issue and her father in law also apologize in writing. Thereafter the daughter of complainant had died inasmuch as she was not properly looked after and even the complainant was being harassed continuously by the petitioners. Thereafter the matter was investigated and after completing the investigation, the I.O. filed the charge sheet against the petitioners and co-accused Rekha Mishra u/s 498-A IPC and 3/4 of the Act, on the basis of which learned CJM Bageshwar on 12.7.2006 took cognizance and summoned the petitioners under the aforesaid sections. Hence this petition.