DEEPESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 05.06.2006, as also the entire proceedings of criminal case no. 807 of 2006, State vs Deepak and others, under Section 498A, 504 of IPC and Section 3/4 of the Dowry Prohibition Act, pending before the court of I Addl. Chief Judicial Magistrate, Haridwar.

(2.) Complainant (respondent no. 2 herein) lodged an FIR against six accused persons, including the applicants, at police station, Roorkee, Haridwar on 04.09.2001, which was registered as case crime no. 171 of 2001, under Sections 498A of IPC and Section 3/4 of the Dowry Prohibition Act. After the investigation, a charge-sheet was submitted only against Deepak, Tilak Raj and Smt. Rajwati under Sections 498A, 504 of IPC and Section 3/4 of the Dowry Prohibition Act. Charge-sheet was not submitted against Deepesh, Smt. Deepa and Smt. Durgesh (applicants herein).

(3.) When PW1 Abhilasha entered into the witness box, she also named Deepesh, Smt. Deepa and Smt. Durgesh as perpetrators of the crime. PW1 was cross-examined. Likewise, PW2 Jiya Lal Sharma, also named Deepesh, Smt. Deepa and Smt. Durgesh in his examination-in-chief as perpetrators of the crime. PW2 was also cross-examined. Thereafter, an application under Section 319 of Cr.P.C. was filed on behalf of PW1 for summoning Deepesh, Smt. Deepa and Smt. Durgesh as accused. Such an application was allowed by learned Judicial Magistrate, Haridwar, vide order dated 05.06.2006. Learned Judicial Magistrate relied upon the examination-in-chief of PW1, in which she stated that on 10.11.1999, her husband Deepak, mother-in-law Rajwati, married sister-in-law Deepa, father-in-law Tilak Raj, another married sister-in-law Durgesh and brother-in-law Deepesh ousted her from (her) matrimonial home. Learned Magistrate also held that there was sufficient evidence against Smt. Deepa, Smt. Durgesh and Deepesh for proceeding against them. Learned Judicial Magistrate, therefore, summoned Smt. Deepa, Smt. Durgesh and Deepesh, in exercise of his jurisdiction under Section 319 of Cr.P.C., to face the trial for the offences punishable under Sections 498A, 504 of IPC and Section 3/4 of the Dowry Prohibition Act, vide order dated 05.06.2006. A criminal revision was preferred against the same, which was dismissed, vide impugned judgment and order dated 24.03.2007. Aggrieved against their summoning, present application under Section 482 of Cr.P.C. was filed on behalf of the applicants, viz., Deepesh, Smt. Deepa and Smt. Durgesh.