LAWS(UTN)-2012-9-165

SHARAD BHARDWAJ Vs. STATE OF UTTARAKHAND & ANOTHER

Decided On September 12, 2012
Sharad Bhardwaj Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) Both the above-captioned petitions are admitted and are being decided by this common judgment and order as these have been filed against the same order of cognizance dated 6.3.2012, passed by the Judicial Magistrate, Haridwar in Criminal Case No. 100/2012, State v. Nand Kishor, whereby accused applicants have been summoned to stand trial for the offences under Section 498A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act.

(2.) Applicants Sharad Bhardwaj and Smt. Neera Sharma are respectively younger brother-in-law and married sister-in-law of the complainant Smt. Kavita. Marriage of Smt. Kavita was solemnized with Rajeev Bhardwaj on 6.5.2006. Soon after the marriage, she was allegedly harassed and tortured by her husband and other members of her in-laws family. It has been averred that when the atrocities crossed the tolerable limits, Smt. Kavita left her matrimonial house and joined her parents, who reside at Haridwar itself. The dispute also went to Women Help Line, but ultimately it could not be sorted out. An FIR was lodged on 10.10.2011. The police after conclusion of the investigation filed the chargesheet, inter alios, against the present applicants for the offences mentioned above. An additional chargesheet was filed against the husband Rajeev Bhardwaj.

(3.) Learned Counsel for the applicants apprised this Court that no petition has been filed by other accused persons against the impugned proceedings. Only Nand Kishor Sharma (father-in-law) had filed a petition, which was dismissed by this Court.