GIRISH CHANDRA SHARMA Vs. STATE OF UTTARANCHAL

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 charge sheet and also the entire proceedings in Criminal Case No.2641 of 2006, U/s 323/506/498-A IPC & 3/4 Dowry Prohibition Act [hereinafter to be referred as the Act], pending before J.M., Haldwani.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that the respondent no.2 Smt. Kamlesh Sharma lodged an FIR with the averments that petitioner Girish Chandra Sharma (Samdhi of complainant) proposed for marriage of complainant's daughter with the petitioner Saurabh Aggarwal, S/o Pawan Kumar Aggarwal (petitioner), which was accepted by the complainant. On 14.4.2005 engagement ceremony was solemnized in which the complainant gave money to the relations of her in-laws. After the engagement, the petitioner Saurabh took Rs.60,000/- at different times from her daughter Nidhi. When since long the date of marriage was not fixed, then the complainant enquired from petitioner Girish Chand Sharma on which he told that on being paid Rs.2.00 lacs in cash, the date would be fixed, which the complainant somehow managed to give the same to them. Later on the date fixed, the petitioner Saurabh alone came for marriage and when the complainant enquired from petitioner Girish Chandra about the parents of Saurabh, who informed that his friend Pawan Kumar (petitioner) is demanding Rs.5.00 lacs in cash and directed her to arrange the same, however since the complainant could not able to arrange the same, somehow her daughter was sent at her in-laws house. In the marriage she gave articles as per her status. Thereafter the complainant also gave Rs.50000/- to the petitioner Pawan Kumar towards the Reception expenses. For some days everything was normal and after sometime, the petitioners Pawan Kumar, Smt. Lalita, Km. Swati and Saurabh started committing mental harassment upon the complainant's daughter. When the complainant enquired from the petitioner Girish Chand Sharma for the same, he told that she insulted him by not giving the amount of Rs.5.00 lacs to his friend Pawan Kumar and he further threatened her that he would make the life hell of her daughter Smt. Sarika. On 18.2.2006 petitioner Saurabh took complainant's daughter Nidhi for medical check up where she was found pregnant and the doctor advised her for taking precaution. However the behaviour of the petitioners became worsen and on 26.2.2006 when the health of Nidhi became worse, then Pawan Kumar, Rakesh Gupta and Subhash Aggarwal left Smt. Nidhi at the house of complainant's daughter Smt. Sarika and her husband Prabhat Sharma in her worn clothes. When the complainant immediately got her daughter Nidhi medically checked, it was found that she had an abortion. When the complainant enquired from petitioner Girish Chandra Sharma about all this, he became furious and ill-treated her on 7.3.2006. It was also stated that the petitioners Girish Chand Sharma and Pawan Kumar threatened the complainant that she and her daughter Nidhi, Sarika and son in law Prabhat would be murdered. Since then the petitioners Girish Chandra Sharma, Pawan Kumar, Saurabh and other unknown persons were giving threat to the complainant that if she would initiate any legal proceedings, she along with her son in law Prabhat and his sons would be killed. With the same averments the FIR was lodged. After the investigation, the I.O. submitted the charge sheet against the petitioners U/s 323/506/498-A IPC and 3/4 of the Act, on the basis of which the J.M. Haldwani vide order dated 3.8.2006 took cognizance and summoned the petitioners. Hence this petition.