ANANDI PAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants-accused persons invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") to quash the Charge-sheet in Case Crime No. 588 of 2013, registered with Police Station Haldwani, District Nainital and cognizance order dated 13.02.2014, passed by the learned Additional Chief Judicial Magistrate, Haldwani, District Nainital in Criminal Case No.586 of 2014, "State vs. Harish Pal and others", under Sections 498-A, 494, 420, 323, 504 and 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, 1961.

(2.) Facts, to the limited extent necessary, are that on 05.12.2013 at 17.10 hrs, an FIR was registered at Police Station Haldwani, District Nainital against the applicants along with the co-accused Harish Pal to the effect that the marriage of the informant Smt. Mamta, the respondent No.3, was solemnized with the co-accused Harish Pal, brother of the applicant No.1 and son of the applicant No.2, on 25.04.2002. They harassed the informant Smt. Mamta, by saying her that her parents had not given anything in dowry. They started taunting and torturing her continuously and demanded five lakhs in dowry. She further stated in the FIR that her husband Harish Pal has got his second marriage with Mamta daughter of Joga Ram when the demand for dowry was not met.

(3.) Heard learned counsel for the parties and perused the record.