YOGENDRA KUMAR RAI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS Criminal Misc. Application U/S 482 Cr.P.C. has been filed for quashing the charge sheet dated 8 -8 -2010, under Sections 498A, 506, 420, 376 I.P.C. filed before the Court of C.J.M. Dehradun, in Criminal Case No. 2912/2010, State Versus Yogendra Kumar Rai and others, and the summoning order dated 27 -9 -2010, whereby the C.J.M. Dehradun whereby cognizance was taken against accused/applicant Yogendra Kumar Rai to face trial U/Ss 498A, 504, 420 and 376 I.P.C. From perusal of record it shows that Smt. Mamta Rai lodged a written complaint against accused/applicant Yogendra Kumar Rai and Smt. Lakshmi Rai with the allegations that her marriage was solemnized with accused Yogendra Kumar Rai on 9 -11 -2008 in Maa Durga Temple Survey Chowk Dehradun. The said marriage was performed by Pandit Sri Balkrishna Shastri of the Temple Committee. The marriage was also witnessed by Sri Ajit Pradhan friend of her husband/accused Yogendra Kumar. Accused Yogendra Kumar is posted as Lt. Colonel in Army and after marriage he had kept her with him at various places as a wife like Pathankot, Himanchal etc. Their marriage was also registered by Registrar Hindu Marriage Dehradun. It is further mentioned in the written report that the marriage was performed with the result of her love affairs with Yogendra Kumar Rai. It is also alleged that after marriage accused/applicant Yogendra Kumar conjugal relations of husband and wife with the complainant and now Yogendra Kumar wants to get rid of the complainant for some reasons. It is also described in the F.I.R. that her husband Yogendra Kumar, her mother -in -law Smt. Lakshmi Rai and her sister -in -law Pushpa Kala Rai and Mohit Yogi, a friend of Pushpa Kala Rai threatened the complainant if she did not close her relations with Yogendra Kumar, she would be killed. On the basis of written complaint F.I.R. was lodged at P.S. Cantt. District Dehradun against Yogendra Kumar Rai and Smt. Lakshmi Rai and a case crime No. 111/2010, was lodged against them U/Ss 498A, 506 I.P.C. The police investigated the matter and after completion of investigation submitted charge sheet against the accused persons.

(2.) AFTER receipt of charge sheet in court the learned C.J.M. Dehradun took cognizance in the matter and issued summon against accused Yogendra Kumar Rai to face trial U/Ss 498A, 506, 420, 376 I.P.C. and against Smt. Lakshmi Rai and Pushpkala Rai summons were issued to face trial U/Ss 498A and 506 I.P.C.

(3.) I have heard learned counsel for the parties and perused the material on record.