GAURANG BAL 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 dated 23.06.2010 in Case Crime No. 689 of 2010, summoning order dated 10.09.2010 passed in Criminal Case No. 604 of 2010, captioned as State vs. Sumit Bal, under Sections 498 -A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

(2.) A first information was lodged by informant (respondent no. 2 herein) against eight named accused persons including the applicants on 29.04.2010, at PS Kotdwar, which was registered as Case Crime No. 689 of 2010, under Sections 498 -A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961. After the investigation of the case, a charge -sheet was submitted against four accused persons only including the applicants, who are respectively mother -in -law, father -in -law and brother -in -law of respondent no. 2. Cognizance was taken on the said charge -sheet and applicants were summoned to face the trial for the offences punishable under Sections 498 -A, 323, 504, 506 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 first information report, respondent no.2 was married to Sumit Bal (non -applicant) on 05.12.2006 in accordance with the Hindu rites and rituals at Bahadurgarh (Haryana). She was taken to Faridabad after the marriage. She alleged that her husband, father -in -law, mother -in -law, brother -in -law, sister -in -law and sister -in -law's husband started harassing her for dowry. They demanded Rs. two lacs, to which respondent no. 2's father expressed inability to pay the same. A girl child was begotten by respondent no. 2 on 04.12.2007. The fury of harassment meted out to her aggravated. When the victim told that she will call her parents and go to her parental home, victim's mother -in -law told victim's husband to set her on fire. On 06.03.2008, victim's parents and others came to victim's matrimonial home. She was taken to Kotdwar in police custody. Informant did not lodge the first information report in order to save her family.