LAWS(UTN)-2022-7-78

SHIVAM KUMAR Vs. STATE OF UTTARAKHAND

Decided On July 25, 2022
SHIVAM KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) This is an application, filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash the charge-sheet dtd. 3/4/2022, cognizance/summoning order dtd. 22/4/2022 and the entire proceedings of Criminal Case No.3314 of 2022, 'State vs. Shivam Kumar and Others', pending before the court of Chief Judicial Magistrate, Udham Singh Nagar.

(2.) Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the summoning order under Sec. 304B of IPC against the present applicants ' accused persons.

(3.) According to the present matter, the marriage of the deceased Smt. Anju Devi, daughter of the informant, took place with Shivam Kumar, the applicant no.1 on 29/4/2021. Her husband, her mother-in-law Smt. Meena, the applicant no.2 ' accused, and, her sister-in-law (nanad) Aanchal, the applicant no.3 ' accused were demanding that the father of the deceased should sell his property and give half of the amount to them and while demanding that they were torturing the deceased continuously. On 9/11/2021, they treated the deceased with cruelty, inflicted serious injuries on her and killed her in their house (matrimonial house of the deceased). According to the post-mortem report, the cause of the death was hanging.