AMALENDU ROY Vs. STATE OF UTTARANCHAL & ANOTHER

JUDGEMENT

(1.) BY means of this petition, moved u/s 482 Cr.P.C., the prayer has been advanced to quash the entire proceedings of criminal case no.1737/2006, State Vs. Amalendu Roy, pending in the court of Chief Judicial Magistrate, U.S. Nagar, and the cognizance order made by learned Magistrate therein. The facts are that on 18.12.2003, Smt. Reelu Roy, at her thirties, was espoused with Amalendu Roy, who, at that time, was at his fifties. Respondent no.2 was the second wife of petitioner. However, the Court is not in acquaintance as to what happened with the first wife of petitioner.

(2.) HAVING passed a couple of months blissfully, the differences cropped up between the parties and she was subjected to sundry modes of atrocities by the family members of the groom on the question of dowry. Ultimately, she was left with no option but to leave the matrimonial house on 30.3.2005 in the morning and it is alleged that her entire Stridhan was thus, grabbed by the petitioner and his family members. Haplessly, she came to reside along with her father and brother. She lodged an FIR on 18.3.2006 against the petitioner for the offences punishable under Section 406/323/319/328/506/498 -A IPC and 3/4 of Dowry Prohibition Act, pertaining to crime No. 730/2007 at P.S. Rudrapur, Distt. U.S. Nagar. The investigation was made and the chargesheet was submitted against the petitioner only for the offences under Section 498 -A IPC and 3/4 of Dowry Prohibition Act, and the learned Magistrate, on submission of chargesheet, has taken cognizance in the matter on 3.7.2006.