VIVEK @ SACHIN KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed to quash the summoning order dated 27.11.2019 and the entire proceedings of Criminal Case No. 1238 of 2019, State vs. Jyoti and others, for the offence under Sections 306 and 506 IPC, pending in the Court of Judicial Magistrate, Bajpur, District Udham Singh Nagar (for short 'the case').

(2.) The case is based on an FIR lodged on 9th August 2019, by respondent no.2 against the petitioner and others, under Sections 306 and 506 IPC. According to it, deceased Dharmendra, son of respondent no.2 was married with Jyoti, the daughter of Dinesh on 4th May, 2014. After the marriage, the deceased Dharnmendra was pressurized and mentally tortured to stay away from his parents. On 02.07.2019, deceased Dharmendra was called by his in-laws, since thereafter, he was staying with them. Petitioner is his brother-in-law. Deceased Dharmendra had also disclosed it to the respondent no.2 that his in-laws had taken Rs. 3,00,000/- from him, but did not return it. When requested, they further tortured him. On 2nd August, 2019, it was informed that Dharmendra died. Respondent no.2 reached his in-laws house, where he found that the deceased Dharmendra had recorded a suicide note on his leg and thigh and held his wife, her brothers, maternal uncles and others responsible for his death.

(3.) After the investigation, charge-sheet has been submitted against the petitioner and others for the offence under Sections 306 and 506 IPC.