ZARINA Vs. STATE

JUDGEMENT

(1.) <DJG>DHARAM VEER, J.</DJG> By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the summoning order dated 6.1.2006 passed in case no.777 of 2005, Smt. Gulshan v. Abdul and others under Sections 498-A, 147, 323, 452, 504, 506 of IPC and 3/4 of Dowry Prohibition Act.

(2.) Heard learned counsel for the parties and perused the entire material available on file.

(3.) Brief facts of the case are that Smt. Gulshan (respondent no.3) filed a complaint against the petitioners and other co-accused before Ist Civil Judge (J.D.), Roorkee with the allegations that the complainant/respondent no.3 was married to the co-accused Abdul in Manglore and the present petitioners were the mediator in the marriage. Petitioner no.1 Smt. Zarina is sister-in-law (Nanad) and petitioner no.2 is husband of sister-in-law (Nandoi) of the complainant. It is alleged that after the marriage, for some time, the things went well but thereafter her husband Abdul, mother-in-law Smt. Noorbi and Ganni (co-accused) started taunting her for bringing insufficient dowry and demanded Rs.10,000/- cash and a colour T.V. When the complainant visited her parental house, she told these facts to her parents, who after persuading her, sent her back to her matrimonial house. On 24.4.2005, at the request of the complainant and her parents, the petitioners Islam and Smt. Zarina, who were the mediators in the marriage, reached in the matrimonial house of the complainant, where the complainant told about the demand of dowry made by the co-accused persons to the petitioners. It is further alleged that the petitioners supported the co-accused persons and told that she will have to bring Rs.10,000/- and a colour T.V. from her parental house. It is further alleged that when the complainant refused for the same, then the petitioners committed Marpeet with her and also gave filthy abuses to her. It is further stated that the complainant somehow could save her life and reached her parental house where she told the entire incident to her parents. Next day, her parents along with some other persons, went to the matrimonial house of her daughter and talked with the petitioners and co-accused but the petitioners and co-accused remained adamant in their demand of Rs.10,000/- and colour T.V. and told that if the said demand would be fulfilled then only they will keep the complainant with them otherwise they would kill her. It is further stated that when the matter did not solve, the complainant lodged a written report in the police station on which the petitioners and co-accused were called in the police station and thereafter a compromise taken place between the complainant and the accused persons and they taken the complainant with them at their house. On 15.10.2005, a son was born out of the wedlock. It is further alleged that after the birth of son, the petitioners Smt. Zarina and Islam and other co-accused again started pressuring her to bring Rs.10,000/- and a colour T.V. from her parental house. When she told that the financial condition of her parents is not good and they cannot fulfill their demand, the petitioners and co-accused beaten her and also tried to kill her but somehow she could save her life and reached her parental house and told the entire incident to her parents. On 5.12.2005, the petitioners and co- accused reached in the parental house of the complainant where they again made aforesaid demand of dowry. The complainant and her mother tried to persuade the petitioners and co-accused but they remained adamant in their demand. It is further alleged that the petitioners and co-accused hurled filthy abuses to the complainant and her mother and beaten them very badly and also taken her son with them. It is further stated that the complainant lodged a written report in the P.S. Manglore about the said incident but no action was taken on the same. Thereafter, she also moved an application before S.S.P., Haridwar but no case was registered against the petitioners and co-accused. Thereafter, this complaint was filed by respondent no.2 Smt. Gulsan in the court of Ist Civil Judge (J.D), Roorkee on 23.12.2005, which was registered as Case No.777 of 2005. The complainant in support of her case got herself examined u/s 200 Cr.P.C. and u/s 202 Cr.P.C. she got examined Smt. Shanno, Nanwa and Smt. Shahnaz. After hearing learned counsel for the complainant and perusing the entire material available, learned Ist Additional Civil Judge (J.D.), Roorkee vide order dated 6.1.2006, took the cognizance against the petitioners and co-accused under Sections 498- A, 147, 323, 452, 504, 506 of IPC and 3/4 of Dowry Prohibition Act. Feeling aggrieved by the said order dated 6.1.2006, the petitioners have preferred the present C482 application before this Court.