PREM SINGH AND ORS. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this Criminal Miscellaneous Application, the prayer has been made to quash the Criminal Case No. 2272/2002,State v. Prem Singh and Ors. and the order of cognizance dated 22.10.2002 passed therein by the Chief Judicial Magistrate, Nainital. The said criminal case is based upon a chargesheet submitted against the applicants for the offences punishable under Section 147, 323, 506, 498A Indian Penal Code and Section 3/4 Dowry Prohibition Act, pertaining to Police Station Ramnagar, District Nainital.

(2.) HAVING heard learned Counsel for the parties and on perusal of the papers on record, it transpires that marriage of Smt. Sunita with Prem Singh was solemnized on 20.11.1997. Soon after the marriage, differences cropped up between the wedded couple on the question of dowry and other issues. After passing of few years in the mental agony, Smt. Sunita lodged an FIR on 11.6.2002 against the applicants for the offences as stated above. After the investigation, the chargesheet, under the aforesaid sections, was filed against the applicants. The learned Magistrate registered the chargesheet and passed the impugned order of cognizance.

(3.) SMT . Sunita thus started living in her matrimonial house. But unfortunately, after passing almost a year, she died there. After her death, prosecution under Section 304B IPC was launched against the husband and his parents. That trial in the court of Special Judge, E.C. Act, Moradabad ended in acquittal of all the accused. But the charge for the offence of Section 498A Indian Penal Code could not be compounded since the offence under this section is non -compoundable.