SAWARNA SINGH 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 proceedings of Criminal Case No.1069 of 2005, Mahendra Singh Vs. Sawarana Singh & others, pending before II Additional Civil Judge (J.D.)/Judicial Magistrate, Rudrapur, US Nagar U/s 498-A/323/506 IPC & 3/4 Dowry Prohibition Act.

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

(3.) In brief, the facts of the case are that Jasvinder Kaur, daughter of respondent no.2, was married with the petitioner no.1-Swarna Singh on 20.2.1996 as per Sikh rituals and the complainant gave dowry as per his status. However, the petitioners were not satisfied with the dowry given and for this reason, they started coercing her for bringing a motorcycle and Rs.50,000/- more in dowry and on being failed to do so, she was subjected to mental and physical harassment. After about eight months, the petitioners ousted the daughter of respondent no.2 in her worn clothes and directed to come back only with Rs.50,000/- and a motorcycle in dowry. Further, on 29.11.2005 at about 8 AM, the petitioners came at the house of respondent no.2 where, while talking with the complainant, they became furious, started beating Jasvinder Kaur (daughter of respondent no.2) with fists and kicks. Meanwhile, on the noise raised by the complainant and his daughter, Nawalpreet Singh, Surendra Singh and other persons came and intervened, however the petitioners while going, also threatened the daughter of respondent no.2 that she would be killed if she would not get the dowry as demanded. The complainant thereafter went to lodge the report but his report was not lodged. Accordingly, the present complaint was moved before the trial court. In the court below, the complainant was examined u/s 200 Cr.P.C. while his daughter Jasvinder Kaur and Nawalpreet Singh were examined u/s 202 Cr.P.C. Besides the oral evidence, in the documentary evidence, carbon copy of the application sent to SSP and original receipt of registry were also produced before the trial court. On perusing the entire facts and circumstances of the case, learned II Additional Civil Judge (J.D.)/Judicial Magistrate, US Nagar vide order dated 9.1.2006 found that the oral and documentary evidence prima facie constitutes the offences against the petitioners and accordingly, the learned Magistrate took cognizance and summoned the petitioners to face trial u/s 498-A/323/506 IPC and 3/4 of the Dowry Prohibition Act. Assailing the entire proceedings before the trial court, the petitioners have filed the instant petition.