POONAM BHAGAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant-accused Smt. Poonam Bhagat, mother-in-law of the deceased, invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, "the Code") to quash the charge-sheet dtd. 18/5/2021 and summoning order dtd. 25/5/2021, passed in Criminal Case No. 2378 of 2021, "State vs. Shivam Bhagat alias Aisvarya and others", pending before the Court of Chief Judicial Magistrate, Haridwar.

(2.) Facts, to the limited extent necessary, are that the informant-Mahendra Gautam, father of the deceased, lodged a First Information Report that the marriage of his daughter, namely, Smt. Yashika Gautam, was solemnized with the co-accused Shivam Bhagat on 9/12/2020. After marriage, the present applicant along with other co-accused persons started harassing and torturing her for the demand of dowry in the shape of Audi car. On 31/12/2000, the present applicant along with other co-accused persons had beaten up his daughter and kicked her out of the house. He had admitted his daughter to Dev Bhoomi Hospital, Haridwar. After a few days, his daughter's husband, co-accused, apologized and took her back with him. Even after that, her daughter was harassed and tortured by these persons for the demand of Audi car. On 23/2/2021 at around 8:30 a.m.-9:00 a.m., his daughter informed her mother on phone that her life is in danger, and, these people are harassing her demanding car and money. On 24/2/2021, at around 3:30 p.m., a call of his daughter's husband Shivam from Mobile No.9627375554 came to his son, Dhruva Gautam, and he (Shivam) asked him to come along with his father. The informant along with his son immediately reached the applicant's house. Seeing them, the present applicant left the house. They saw that Shivam Bhagat was in the room and the daughter of the informant was lying on the bed in a dead state. There were wounds and bruises on her neck and body.

(3.) The First Information Report was registered at 15:28 hrs. on 25/2/2021 against the present applicant and co-accused persons. After completion of the investigation, charge sheet is filed.