NISHIKANT RAI Vs. SPECIAL J M

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 order dated 13.2.2006 and the entire proceedings of Criminal Case No.2026 of 2005, Smt. Sangeeta Mittal Vs. Nishikant Rai & others, U/s 406/498-A/323/504 IPC and 3/4 of Dowry Prohibition Act {hereinafter to be referred as the Act}, pending before the court of Special J.M. II, Dehradun.

(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. Sangeeta Mittal earlier moved an application u/s 156(3) Cr.P.C., which was treated as a complaint case. The averments made therein were that she was married with the petitioner on 6.7.1999 as per Hindu RITES and it was a second marriage of both the parties. Out of the said wedlock, a girl Km. Nandini born out on 26.9.2001. At the time of marriage, Rs.1.21 lacs in cash and Rs.12,000/- were spent in the marriage. However after the marriage, the petitioner and his parents started harassing her physically and mentally for bringing lesser dowry and demanded a Car. The petitioner used to utter filthy abuses to her and her family members and also used to commit physical cruelty upon her. On 25.5.2002, the petitioner left the complainant along with her daughter on the pretext of his transfer at Baroda and assured him that he would call them and the petitioner also took the entire Stridhan at Baroda. Since then she is residing at her parental house. On 23.1.04 the petitioner came at her parental house and when she demanded her Stridhan, he became furious and started committing Marpit with her and hurled filthy abuses. The complainant herself was examined u/s 200 Cr.P.C. while SMt. Kamla Rani was examined u/s 202 Cr.P.C. and also produced some documentary evidence. Vide order-dated 13.2.2006, the Special J.M.-II, Dehradun summoned the petitioner u/s 406/498-A/323/504 and 3/4 of the Act. Hence this petition.