SARAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the summoning order dated 30.10.2010 as well as the entire proceedings of Criminal Case No. 2660 of 2010, captioned as State vs. Saran Singh and others, under Sections 498 -A, 323, 504, 506 IPC and Section of the Dowry Prohibition Act, pending before learned Judicial Magistrate, Vikas Nagar, District Dehradun.

(2.) RESPONDENT no. 2 lodged a first information report against three named accused persons including the applicants at PS Vikas Nagar, which was registered as Case Crime No. 123 of 2010, under Sections 498 -A, 323, 504, 506 IPC and Section of the Dowry Prohibition Act. After the investigation, a charge -sheet was submitted against the accused persons. Cognizance was taken on the charge -sheet and accused persons were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the applicants.

(3.) ACCORDING to the first information report, respondent no. 2 Smt. Sarita Rana was married to Prem Singh Rana (non -applicant) on 23.11.2005 in accordance with Hindu rites and rituals. The parents of respondent no.2 gave sufficient articles according to their capacity. A lot of money was spent in the marriage. After the marriage, the husband, mother -in -law, sister -in -law and brother -in -law of the respondent no. 2 ridiculed her for want of giving sufficient dowry. They also castigated her that the articles thus given, were not standard items. A pauper also does not give such (worthless) articles in the marriage of his daughter. The husband of respondent no. 2 was posted as Clerk in Defense Estate Central Command at Lucknow. Her husband dropped her at her parental home in April, 2006 and returned to Lucknow. She requested her husband to take her along with him, but he refused. He demanded money from her. The brothers of respondent no. 2 requested her husband not to harass her (victim) for bringing money. He hurled abuses at her and also assaulted her. She came to know that her husband had illicit relations with applicant no. 2 and respondent no. 2 was the wife worth namesake. Allegations were levelled by respondent no.2 that her husband was having extra - marital relations with her sister -in -law i.e. applicant no. 2. On 17.05.2009, her husband again demanded Rs. one lac and also assaulted her. On 13.01.2010, her brother -in -law i.e. applicant no.1 along with the applicant no. 2 came to her parental house and inquired whether a sum of Rs. one lac has been arranged or not ? When she denied the same, the applicants no. 1 and 2 themselves abused her and also assaulted her. Respondent no. 2 got her medically examined. She gave an application to SSP, Dehradun. She was also called in counseling centre. A request was therefore, made to take a suitable legal action against her husband, brother -in -law and sister -in -law.