SURAJ SINGH PUNDIR Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the charge -sheet submitted in case crime no. 411 of 2009 as well as the cognizance order dated 27.01.2010 passed by learned Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No. 335 of 2010, captioned as State vs. Suraj Singh and others, under Sections 498 -A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

(2.) INFORMANT (respondent no. 2 herein) lodged a first information report against five named accused persons (applicants herein) on 09.10.2009 at PS Kotwali Roorkee for the offences punishable under Sections 498 -A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act. After the investigation, a charge -sheet was submitted against all the accused persons in respect of the self -same offences. Cognizance was taken on the said charge -sheet and accused persons were summoned to face the trial for the offences under Sections 498 -A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) ACCORDING to the informant, his daughter Bhavna was married to Surat Singh Pundir according to Hindu rites and rituals on 21.10.2007. The informant spent about six lacs in his daughter's marriage. A good number of articles, gifts and a cash of Rs. two lacs were given to her in -laws in the marriage. It was informed to the informant that Surat Singh was serving in Central Africa and he will serve India after the marriage. It was also assured that informant's daughter will live with her husband in Indian only. When informant's daughter went to her matrimonial home, her in -laws ridiculed her for not providing any vehicle. She was also castigated for not giving cash and sufficient dowry in the marriage. Victim's husband went to Central Africa after one month of his marriage with the daughter of the victim. Her in -laws assaulted her with kicks and fists. She was harassed mentally. Her husband told her that he will return onlyafter a year. Her husband also told her that he has solemnized marriage with her only for the satisfaction of his parents. The victim remained at her matrimonial home for about a year. All the members of her matrimonial home i.e., mother -in -law, father -in -law, brother -in -law and sister -in -law harassed her. They also said that if her father paid 15 lacs, then only her husband could be called to India. In the intervening night of 26/27.09.2008, victim was again assaulted by her mother -in -law, father -in -law, brother -in -law and sister -in -law for the sake of dowry and was dropped to her parental home. The members of her parental home were asked to arrange for Rs. 15 lacs and only then she will be permitted to remain at her matrimonial home. It was also threatened that if she is sent to her matrimonial home without money, she would be killed. The victim was also called for counseling by Women Help Line, Roorkee, but to no avail. Victim's husband was pressurizing the informant to withdraw the case and if the informant did not do so, his family will be ruined.