SHAHEENA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the chargesheet and cognizance order dated 20.10.2020, passed by the Additional Chief Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No. 903/2020, taking cognizance against the applicants for the offences under Sections 302, 304B IPC. Applicants have also prayed that the matter be re-investigated by a Special Investigation Team.

(2.) Facts, in brief, are that the respondent no. 3 lodged an FIR on 4.7.2020 stating that the marriage of Mr. Kashif (brother of the applicant no. 2) had taken place with Smt. Majida (niece of the complainant) on 8.2.2015. One son, namely, Master Adam was born out of the said wedlock. After the marriage, husband, mother-in-law, sisterin-law and brother-in-law of Smt. Majida used to harass her for the dowry and they were instigated by the maternal uncles of husband of Smt. Majida to kill her. On 3.7.2020, the deceased (Smt. Majida) accompanied with her husband came to the house of complainant and told him about the demand of dowry by the accused persons. Then the complainant and his brother gave rupees fifty thousand to Kasif and assured him that they would give him some more money to buy a bullet. Thereafter deceased and her husband returned. At about 11.30 AM on 4.7.2020, a phone call came from the matrimonial house of the deceased on the phone of complainant's brother and it was informed that Majida has died. It was alleged in the FIR that the deceased was killed for dowry.

(3.) Pursuant to the FIR, investigation was made and police submitted the chargesheet against the accused persons including the present applicants and thereafter the Court below has summoned the applicants to face the trial for the aforementioned offences.