MOHAN LAL 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 18.11.2009, as also the proceedings of criminal case no. 1066 of 2009, State vs Pramod Bhatt and others, under Sections 420, 413, 498A, 323, 504, 506 of IPC and Section of the Dowry Prohibition Act, relating to police station, Raipur, pending in the court of Judicial Magistrate CBI, Dehradun.

(2.) COMPLAINANT (respondent no. 2 herein) lodged an FIR against five accused persons, including the applicants, on 04.08.2009, at police station, Raipur for the offences punishable under Sections 420, 413, 498A, 323, 504, 506 of IPC. After investigation, a charge -sheet was submitted against the accused persons, including the applicants, under Sections 420, 313, 498A, 323, 504, 506 of IPC and Section of the Dowry Prohibition Act. Cognizance was taken on the said charge -sheet and accused persons were summoned to face the trial. Aggrieved against the same, i.e., order dated 18.11.2009, present application under Section 482 of Cr.P.C. was filed by the applicants, who are, respectively, father -in -law and mother -in -law of respondent no. 2.

(3.) AS per FIR, respondent no. 2 was married to Pramod Bhatt alias Mithlesh Bhatt (non -applicant) on 16.02.2009, according to Hindu rites and rituals. After the marriage it was revealed that husband of respondent no. 2 was younger to her and was only a Matriculate. He did not earn the salary, as was projected at the time of their marriage. The husband and his family members were greedy persons. The husband starting assaulting respondent no. 2 after the marriage. He had illicit relations with other women. Husband of respondent no. 2 and the applicants ridiculed her for want of bringing sufficient dowry. On 02.03.2009, respondent no. 2 was again assaulted by her husband and in -laws. On 28.03.2009, respondent no. 2 came to know that she was pregnant. A positive report for pregnancy was given by the Medical Officer. Husband of respondent no. 2 tortured and assaulted her. He also asked respondent no. 2 to terminate her pregnancy. Respondent no. 2 was also insisted upon to bring Rs. 2,00,000/ - or otherwise her pregnancy would be terminated. The pills for terminating pregnancy were given to her. Respondent no. 2 was medically treated while living at her parental home. FIR lodged by respondent no. 2 was elaborate in its contents to show that she was treated with cruelty, assaulted, abused and threatened with dire consequences for want of bringing sufficient dowry. A demand of Rs. 2,00,000/ - was also made from respondent no. 2, which she could not fulfill.