SUKBHIR 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 order-dated 4.12.2004 passed by the JM, Laksar, District Haridwar in Complaint No.759/2004, Kanwar Pal Vs. Vikram & others as well as judgment and order dated 21.9.2005 passed by the Additional Sessions Judge/III FTC, Haridwar in Criminal Revision No.35 of 2005, State Vs. Sukhbir & others.

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

(3.) In brief, the facts of the case are that Sushma, daughter of respondent no.2 was married petitioner no.2- Vikram on 23.6.2003 as per Hindu RITES and the complainant gave dowry beyond his status. However, the petitioners were not satisfied with the dowry given and for this reason, they started coercing her for bringing more dowry and on being failed to do so, she was subjected to mental harassment. On 4.9.2004, the petitioners brought the daughter of respondent no.2 at his home and went away after leaving her there. It was further averred that the petitioners also demanded Rs.50,000/- in cash and a motorcycle and threatened that in case of failure, complainant's daughter would be murdered. On hearing the noise, Rajpal and Deshraj also arrived there, however even on their intervention, the petitioners did not agree. 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 PW1 Sushma and PW2 Rajpal were examined u/s 202 Cr.P.C. Besides the oral evidence, in the documentary evidence, medical report of victim as well as list of the items given in dowry were also produced before the trial court. On perusing the entire facts and circumstances of the case, learned Judicial Magistrate, Laksar, Haridwar vide order dated 4.12.2004 took cognizance and summoned the petitioners u/s 498-A IPC and 3/4 of the Dowry Prohibition Act. Assailing that order dated 4.12.2004, the petitioners preferred a criminal revision, which also came to be dismissed on 21.9.2005 by the Additional Sessions Judge/III FTC, Haridwar. Assailing those orders, the petitioners have filed the instant petition.