LAWS(UTN)-2010-6-244

TAPASHWAR PARSHAD JUYAL Vs. STATE OF UTTARANCHAL

Decided On June 28, 2010
TAPASHWAR PARSHAD JUYAL Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) By means of this petition, moved under section 482 of Cr.P.C, the petitioner has sought quashing of the proceedings of Case No. 2783 of 2004, Lila Devi Vs Tapeshwar Parshad & others, relating to offence punishable under sections 323, 427, 452, 392, 504 and 506 of I.P.C. pending in the court of Chief Judicial Magistrate, District Dehradun.

(2.) Brief facts of the case are that the son of respondent No. 2 Rajesh Dabral was married with the daughter of applicant No. 1 Smt. Parnali on 04.05.2003 and after some time of the marriage, respondent No. 2 and his son and other family members subjected cruelty upon her by demanding more dowry. On 24.01.204 a First Information Report was lodged against the respondent No. 2 and her son Rahesh Dabral, Kishori Lal (father-in-law) and Padmani (daughter of respondent No. 2). On the basis of the First Information Report Case Crime No. 12 of 2004 was registered against the respondent No. 2 and other family members. After completing the investigation of the case, the police submitted the chargesheet against the above persons and in Crime Case No. 462 of 2004, State Vs Lila Devi & others, they were summoned as by the learned Judicial Magistrate, Haridwar, punishable under Section 498A of I.P.C. and 3/4 Dowry Prohibition Act. Thereafter, on 16.03.2004, respondent No. 2 filed a Criminal Complaint No. 2783 of 2004 against all the applicants, under Sections 323, 427, 452, 392, 504 and 506 of I.P.C. and learned Judicial Magistrate, Dehradun took cognizance against the applicants on 24.07.2004.

(3.) Feeling aggrieved by the aforesaid order, the applicants have preferred this petition for quashing the proceedings under the aforesaid case.