AJAY AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this petition, petitioner has sought the relief for quashing of the chargesheet no.101 dated 19.12.2006 pertaining to the crime no.134/2006 and the order of cognizance dated 19.2.2007 passed by the Judicial Magistrate (CBI) Dehradun thereupon.

(2.) After hearing the pros and cons of the matter in controversy, it transpires that opposite party no.2- Shilpa Agarwal tied her knot with the applicant Dr. Ajay Agarwal on dated 27.6.2004. Out of this wedlock, a daughter was born on 5.9.2005 at Bhopal, the working place of the petitioner. Soon after the marriage, Shilpa Agarwal was confronted the maltreatment at the hands of her husband and other family members of in-laws house including her mother in law. On many occasions, the details whereof have been mentioned in the FIR, she was beaten, abused, taunted and tortured on the question of dowry demanding Rs.5.00 lacs with the comment that mistakenly the petitioner was wedded in the family of beggars. So, he could not receive the sufficiently dowry and matrimonial assets at the occasion of marriage. Opposite party no.2 narrated a long tale of the tyrannies and the atrocious conduct of her husband Dr. Ajay Aggarwal forcing 2 her to leave the house and take shelter in Bhopal at the residence of her near relative (uncle). Petitioner, in order to meet the trouble half-way, moved an application to the police station at Bhopal on dated 13.3.2006 at 10 PM stating that his wife Shilpa Agarwal has left his house at 8:30 AM and she is being searched and probably she has been at Chinar Woodland, B Block No.422 (Needless to mention that this house is the address of Sri Atul Gupta to whom Shilpa Agarwal has accepted as her near relative uncle). In turn, Shilpa Agarwal also informed the police on dated 14.3.2006 that on account of altercations and the family quarrel with her husband, she has taken shelter in the house of her uncle Sri Atul Gupta and likely to reside there up till the arrival of her father there.

(3.) On the same day, i.e. on 14.3.2006, her father arrived and under information to the police station concerned, she left along with her baby daughter to her parental home at Dehradun only with the clothes worn upon her body. The days and months passed on and the FIR discloses that during period of 7-8 months, petitioner used to extend the threats in so many words on the question of dowry and continued to maltreat, not only her wife but also to her father and other family members. The FIR was lodged on 16.11.2006 and after investigation, the chargesheet for the offence of Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act was submitted against the petitioner in the court of Judicial Magistrate at Dehradun, who took cognizance of the matter on dated 19.2.2007. The said order of cognizance and chargesheet was challenged under this petition and as an interim measure, proceedings before the court below were stayed by this Court.