LEELA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this application under Section 482 Cr.P.C., applicants have prayed to quash the order dated 13.11.2017 passed by learned Chief Judicial Magistrate Bageshwar, District Bageshwar in Case No. 495 of 2017 and further to quash the entire proceedings of Case no. 495 of 2017, "Smt. Hema Chaturvedi v. Prakash @ Shankar Chaturvedi & others" under Sections 498-A, 423, 504, 506, 494 & 120-B of IPC, pending before the learned Chief Judicial Magistrate, Bageshwar, District Bageshwar.

(2.) Facts, in brief, are that on 05.10.2017 respondent no. 2 (Smt. Hema Chaturvedi) filed a complaint against the present applicants and three others stating therein that on 26.11.2008, the marriage of respondent no. 2 was solemnized with Prakash @ Shankar Chaturvedi as per the Hindu rites. After a few days of marriage, the present applicants along with others assaulted respondent no. 2 for dowry. Thereafter, the husband of respondent no. 2 went Mumbai and stopped talking with respondent no. 2. The husband of respondent no. 2 was also abused her and was also taunted her for dowry too. In the complaint, it is also stated that the in-laws of respondent no. 2 and the present applicants were also abused her; assaulted her and taunted her for dowry. On telling about the incident, that on 15.08.2009 the father & mother of the husband departed her from the house. Thereafter, the husband of respondent no. 2 started talking about the divorce. In the complaint, it is further stated that respondent no. 2 went her parental house and lodged a complaint before the Gram Panchayat. After that, the husband of respondent no. 2 took her back to his house but the behavior of husband; in-laws and the present applicants were remain same and she was continuously harassed. Thereafter, respondent no. 2 lodged a complaint in Mahila Helpline, Bageshwar and the said Helpline called them, then the husband were assured the said Helpline that he will talk to his parents; will take her back and will take care of her too, but he did nothing. Thereafter, respondent no. 2 lodged a report at Police Station Kotwali Bageshwar but no action has been taken by the police officials. After that, she came to know that her husband got married with one Poonam.

(3.) Pursuant to the instant complaint, the learned Magistrate has summoned the present applicants along with others to face trial for the aforementioned offences. Hence, the present criminal misc. application under Section 482 Cr.P.C.