BOBBY PAL 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 applicants have sought quashing of the Complaint Case No.991 of 2006, Sripal Singh v. Bobby Pal and others, under sections 498-A, 323, 504 and 506 of IPC and 3/4 of Dowry Prohibition Act as well as quashing of the summoning order dated 2.5.2006 passed by Judicial Magistrate, Haridwar.

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

(3.) Brief facts of the case are that Sripal Singh filed a complaint against the applicants with the allegations that his daughter Smt. Kavita got married to the applicant Bobby Pal in the year 2003 as per Hindu RITES. In the marriage, he had given dowry beyond his status, however, the applicants were not satisfied with the dowry given and due to this reason, they used to harass his daughter mentally and physically. His daughter used to tell him about all these facts. It is further alleged that on 27.8.2005 the applicants ousted his daughter from the house for the demand of dowry, who after coming to house, told the entire incident to him and also told that the applicants has made a demand of Rs.25,000/-. Since then his daughter is living with the complainant. On 30.10.2005 at 5:30 PM, the applicants came to his house and demanded Rs.25,000/-. When he showed his inability to give the same, the applicants committed marpeet with the complainant and his daughter. On hearing the noise, Bhura and Bijendra Singh arrived, who saved the complainant and his daughter from the applicants. Thereafter, the applicants forcibly taken his daughter along with them and asked to give Rs.25,000/- within one month and threatened that in case their demand is not fulfilled they would kill his daughter. Information to this effect was given by the complainant in the police station but no action was taken. Thereafter, on 4.11.2005, he moved an application before S.S.P., Haridwar but to no avail. Thereafter, this complaint was filed by the complainant Sripal Singh, which was registered as Complaint Case No.991 of 2006. In support of his complaint, the complainant got examined himself u/s 200 Cr.P.C. and u/s 202 Cr.P.C. Smt. Kavita was got examined. After hearing learned counsel for the complainant and perusing the entire material available, learned Judicial Magistrate, Haridwar vide his order dated 2.5.2006, took the cognizance against the applicants under Sections 498-A, 323, 504, 506 of IPC and 3/4 of Dowry Prohibition Act. Feeling aggrieved by the said order dated 2.5.2006, the applicants have preferred the present C482 application before this Court.