BHOPAL SINGH S/O SHRI RAM SWAROOP SINGH,; URMILA W/O DR BHOPAL SINGH AND SANJAY SINGH S/O DR BHOPAL SINGH Vs. STATE OF UTTARANCHAL AND RAGHHBIR SINGH GAHLOT, SUGAR CANE INSPECTOR

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C), the petitioners have sought quashing of the proceedings of criminal case No. 2387 of 2002 State v. Dr. Bhopal Singh and Ors. relating to offences punishable under Section 498A of I.P.C. and one punishable under Section 3/4 of Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Kashipur.

(2.) Heard learned Counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit.

(3.) Brief facts of the case are that petitioner No. 3 Sanjay Singh got married to Kiran D/o Raghubir Singh Gahlot (respondent No. 2/complainant) on 06.05.2001, in Lucknow. The respondent No. 3 lodged a first information report on 06.08.2002, with outpost Nadehi, Police Station Jaspur, complaining that his son-in-law (petitioner No. 3) and his parents Dr. Bhopal Singh (petitioner No. 1) Smt. Urmila (petitioner No. 2) were not satisfied with the dowry given in the marriage. It is further alleged they demanded a "Maruti" car and also insisted that a plot be purchased at Muradabad for the petitioner No. 3. On non fulfilment of demand of dowry, the complainant No. 1 was subjected to cruelty. Meanwhile on 18.02.2002, a son (named Dhanu), born out of the wedlock, it is alleged by the complainant that the accused physically assaulted not only Kiran but also son Dhanu at Lucknow. The police, after investigation, submitted a charge sheet on the basis of which the criminal case No. 2387 of 2002 was registered and the accused (present petitioners) were summoned in said case.