SHIV KUMAR, Vs. STATE OF UTTARAKHAND AND ANR.

JUDGEMENT

(1.) THESE three criminal applications have arisen out of a common summoning order and the issue to be decided in these petitions is one and the same, hence they all are being disposed of by this common judgment and order.

(2.) THESE criminal applications, preferred Under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed for quashing the common summoning order -dated 24.4.2008 passed by the Addl. CJM, Haldwani, District Nainital and also to quash the proceedings of the Criminal Case No. 1850/2008, State v. Dheeraj and Ors., Under Section 498 -A/323/506 IPC & 3/4 Dowry Prohibition Act.

(3.) IN brief, the facts of the case are that Smt. Rashi -respondent No. 2 lodged an FIR stating therein that her marriage was solemnized with the petitioner Dheeraj Bhola on 29.3.2007 as per Hindu RITES and in the marriage, her parents gave dowry according to their status. However, the petitioners were not satisfied with the given dowry and soon after the marriage, she was subjected to physical and mental harassment by the petitioners due to non -fulfillment of Rs. 10.00 lacs in cash and a Car in dowry. Her parents tried to persuade the petitioners but all were in vain. Thereafter, Rs. 1.50 lacs and Rs. 1.00 lacs were given in cash by her parents to the petitioners however after lapse of a short time, she was again subjected to mental harassment as a result of non -fulfillment of demand of dowry. Ultimately, on 17.12.2007, the petitioners ousted her from her in -laws house in her worn clothes and refused to keep her till the demanded dowry is not made good. Thereafter, the matter was investigated and during the investigation, the I.O. recorded the statements of victim Smt. Rashi and witnesses P.K. Anand, Neelam Anand, Ajay Chandok, Smt. Mohita and other witnesses and after completing the investigation, filed the charge sheet in the court against the petitioners. Thereafter, vide order dated 24.4.2008, learned Addl. CJM, Haldwani took cognizance and proceeded to summon the petitioners to face trial Under Section 498 -A/323/506 IPC & 3/4 Dowry Prohibition Act. Hence these petitions.