PARVEZ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the chargesheet and the order of cognizance dated 6.5.2019, passed by Additional Chief Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No. 2282 of 2019, whereby accused applicant no. 1 has been summoned to face trial for the offence under Sections 307, 323, 324, 498A IPC read with Section 3/4 of the Dowry Prohibition Act, while accused applicants no. 2 and 3 have been summoned to face trial for the offences under Sections 498A IPC read with Section 3/4 of the Dowry Prohibition Act.

(2.) Facts, in brief, are that the marriage of complainant/respondent no. 3 Smt. Nasreen was solemnized on 30.3.2018 with applicant no. 1 Parvej as per Muslim customs and ceremonies. On 25.1.2019, respondent no. 3 lodged an FIR against her husband, father-in-law and mother-in-law (applicants 1, 2 and 3 respectively) alleging that though her parents gave huge amount of dowry in the marriage, but accused applicants were not satisfied with the same and they demanded more dowry. When the complainant resisted, accused applicants harassed and threatened the her and ultimately ousted her from the matrimonial house. At 7.30 AM on 21.12.2018, the accused applicants allegedly came in the parental house of the complainant and they assaulted her with balkati and danda with intention to kill her. Accused applicants also allegedly tried to strangulate the complainant by putting rope in her neck. On raising the alarm, the accused applicants fled from the spot. While fleeing the spot, the applicant no. 1 also allegedly divorced the complainant by saying "Talaq" three times. Accused applicants also held out threats to the complainant. When the complainant along with her mother was going for the medical examination, the accused applicants again met them at G.T. Road and they again threatened the complainant. Then the complainant went to Mangalore and got herself medically examined.

(3.) Pursuant to the FIR lodged by the respondent no. 3, investigation was made and police submitted the chargesheet against the accused applicant and thereafter the Court below has summoned the applicants to face trial for the aforementioned offences.