YAAD RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner/applicant has sought quashing of the summoning order dated 13.12.2004 and the order dated 12.9.2005 passed by Special Judicial Magistrate, Rishikesh in criminal case no.1143 of 2004, Satyawati v. Yaadram and others, u/s 406 of The Indian Penal Code, 1860 (for short, the IPC).

(2.) Heard learned counsel for the applicants and perused the entire material available on file.

(3.) Brief facts of the case are that respondent no.2 Smt. Satyawati filed a complaint before Special Judicial Magistrate, Rishikesh against the applicants stating therein that the marriage of the complainant and the applicant Yaadram Yadav was solemnized on 13.5.1990 in which her parents had given lot of household articles to the applicants. It is alleged that soon after the marriage she was subjected to physical and mental harassment by the applicants for the demand of dowry. The applicants used to demand Rs.50,000/- from her. It is further alleged that on 15.7.2002 the applicants committed Marpeet with the complainant and thereafter on 17.7.2002 the applicants left her near a petrol pump in her wearing clothes and threatened her that if she will return back without Rs.50,000/- then she will have to face dire consequences. It is further alleged that the applicants have kept her Stridhan and even after her repeated requests they have not returned the same to her. Thereafter, the complainant sent a registered notice through her counsel to the applicants which was also served upon them but even after service of notice the applicants did not return her Stridhan. It is further alleged that the entire stridhan of the complainant viz. two fans, one pressure cooker, cooking gas, a trunk, double bed, mattresses of double bed, utensils, two watches, gold and silver jewellery and clothes are in the possession of the applicants. With these averments, Smt. Satyawati filed a complaint against the applicants in the court, which was registered as Case No.1143 of 2004 u/s 406 of IPC. In support of the complaint, the complainant examined herself u/s 200 Cr.P.C. and u/s 202 Cr.P.C. Rajpal and Govind Singh were got examined. After hearing learned counsel for the complainant and perusing the material available, learned Special Judicial Magistrate, Rishikesh vide order dated 13.12.2004 summoned the applicant. Against the said order dated 13.12.2004, the applicants filed their objections dated 27.5.2005 before Special Judicial Magistrate, Rishikesh, which were also rejected by Special Judicial Magistrate, Rishikesh vide order dated 12.9.2005. Feeling aggrieved by the summoning order dated 13.12.2004 and the order dated 12.9.2005, the applicants have preferred the present application u/s 482 Cr.P.C. before this Court.