KUSUM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) <DJG>B.C.Kandpal, J.</DJG> By means of these two petitions, moved under Section 482 Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Case Nos. 1022 of 2005 and 124 of 2006, State Vs Vishal Chauhan & others and State Vs Shailender Chauhan respectively, relating to offences punishable under Sections 498A, 323, 506 of I.P.C. and 3/4 Dowry Prohibition Act, pending in the court of Judicial Magistrate, Roorkee, District Haridwar.

(2.) Brief facts of the case are that Smt. Kusum is the mother of Vishal Chauhan, Shailender Chauhan is the brother of petitioner No. 1 and Vishal Chauhan is the husband of Smt. Sunaina (who is sister of respondent No. 3) who got married with her on 08.03.1999 according to Hindu Customs & Rites at Roorkee. After her marriage she lived with her in-laws house. It appears that after some years, the parties to matrimony could not pull well. On 30.09.2004, Dhruv Singh lodged the First Information Report against the applicants under Sections 498A, 323, 506 of I.P.C. and 3/4 Dowry Prohibition Act alleging therein that the applicants demanded Rs. 10 lacs to purchase the house and he had paid Rs. 2 lacs for that purpose to the applicants but they were not satisfied and subjected to cruelty to his sister Sunaina. After completing the investigation of the case, the Investigation Officer submitted the chargesheet against the applicants under the aforesaid sections and the case were registered against the applicants Smt. Kusum and Vishal Chauhan. Thereafter, the learned Magistrate took cognizance against the applicants on the impugned chargesheet vide order dated 22.04.2005 and 28.01.2006 respectively.

(3.) Feeling aggrieved by the aforesaid orders, the applicants have preferred these petitions before this Court.