BALESH JAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the above mentioned applications under Section 482 Cr.P.C. arise out of the same first information report, therefore, they are being dicided by this common judgment and order for the sake of brevity and convenience.

(2.) A first information report was lodged by respondent no. 2 against Ekansh Jain and Balesh Jain (present applicants) on 03.09.2013, at PS Kotwali Sadar, Dehradun for the offences punishable under Sections 498-A, 323, 504 IPC and Section 3/4 of the Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against the applicants for the selfsame offences. Cognizance was taken on the same and the applicants were summoned to face the trial for the offences under Sections 498-A, 323, 504 IPC and Section 3/4 of the Dowry Prohibition Act. Aggrieved against the same, two separate Applications under Sections 482 Cr.P.C. were filed by them.

(3.) According to the first information report, respondent no.2 was married to applicant Ekansh Jain on 21.01.2005 at Dehradun according to Hindu rites and rituals. Her father spent lot of money in her marriage. Valuable articles were given in the marriage. Applicant Ekansh Jain is under the influence of his mausa (uncle) Balesh Jain. Balesh Jain started harassing respondent no. 2 for not bringing sufficient dowry. Ekansh Jain behaved with respondent no.2 normally till such time Balesh Jain made a telephone call to him. Ekansh Jain assaulted respondent no.2 at the behest of Balesh Jain, who used to instigate Ekansh Jain for dowry.