DWIJENDRA MALLIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. R.C. Tamta, Advocate holding brief of Mr. M.K. Ray, Advocate for the applicants, Mr. M.A. Khan, Brief Holder for the State and Mr. S.K. Mandal, Advocate for respondent no.2.

(2.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the applicants have sought quashing of the charge sheet dated 4.3.2010 and the summoning order dated 27.4.2010 passed by Chief Judicial Magistrate, Udham Singh Nagar as well as the proceedings of Criminal Case No.1532 of 2010, State v. Dwijendra Mallik and others, relating to offences punishable under Sections 498A, 323, 504, 506 IPC and one punishable under Section 3/4 of Dowry Prohibition Act, 1961.

(3.) Brief facts of the case are that respondent no.2 Smt. Nirupma moved an application u/s 156 (3) Cr.P.C. and got lodged a first information report against the applicants at P.S. Rudrapur with the allegations that she was married to the applicant Dwijendra Mallik on 23.2.2005. In the marriage her father gave sufficient dowry however the applicants were not satisfied with it and they started harassing her physically and mentally for dowry. It is further alleged that after the marriage when the respondent no.2 visited her parental house, none from the applicants came to bring her and when the brother of respondent no.2 went to send her at her in-laws house, the applicants hurled abuses on him. After that the applicants again continued her physical and mental harassment and ultimately on 12.2.2009 they ousted her from the house for the demand of dowry. It is further alleged that on 12.11.2009 at about 3 PM when the respondent no.2 was alone in her parental house the applicants came and beaten her and her husband and brother- in-law also throttled her neck and while going from house the applicants threatened her for life. With the same averments, the respondent no.2 got lodged the FIR against the applicants. After lodging of the FIR the matter was investigated and on completion the I.O. filed the charge sheet against the applicants in the court. Consequent to filing of the charge sheet, Chief Judicial Magistrate, Udham Singh Nagar, vide his order dated 27.4.2010 summoned the applicants. Feeling aggrieved, the applicants have preferred the present petition u/s 482 Cr.P.C. before this Court.