ASHOK SINGHAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present criminal misc. application, moved under Section 482 Cr.P.C., applicants seek to quash the charge-sheet no.152 of 2015 dated 26.09.2015 and the summoning order dated 11.12.2015 passed by Judicial Magistrate, Vikas Nagar, Dehradun as well as entire proceedings of Criminal Case No.635 of 2015 State vs. Ashok Singhal and others.

(2.) Factual matrix of the case is that respondent no.2 lodged an FIR at P.S. Vikasnagar District Dehradun on 10.7.2015 stating that she got married to the applicant no.3 Nitin Singhal on 29.11.2008 as per Hindu rituals. After few days of the marriage, behaviour of her in-laws became bad towards her and she came to know that her husband's character is not good. The applicants started giving her beatings. She further stated that the applicants were very greedy and they also used to make taunts for dowry. During her pregnancy, the applicants used to beat her due to which she suffered a miscarriage in October 2009. In August 2010 she gave birth to a female child but the applicants' behaviour did not change. After giving beatings to the complainant, the applicants used to oust her from the house and after their demands were fulfilled by her parents she was allowed to enter in the house. In September 2011, she gave birth to a male child. The applicants ousted her from the house due to which she started residing at her parental house. On 16.11.2013 the complainant went to her matrimonial house to talk to her husband but all of a sudden her husband and her in-laws started beating and abusing her in which the complainant sustained injuries. Somehow she could save her life and reached her parental house. Looking to her serious condition, she was taken to a hospital where she was medically examined. Thereafter, she lodged the FIR. The matter was investigated and on completion of investigation, charge-sheet was filed against the applicants for the offences punishable under Sections 498-A, 323, 504, 506 of IPC and one punishable under Section 3/4 of Dowry Prohibition Act. On receipt of charge-sheet, trial court took cognizance in the matter and summoned the applicants to face trial under the aforesaid sections.

(3.) I have heard learned counsel for the parties and have perused the material brought on record.