LAWS(UTN)-2025-4-37

KRISHAN PAL Vs. STATE OF UTTARAKHAND

Decided On April 09, 2025
KRISHAN PAL Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of present C-482 Petition, the applicants seek to quash the order dtd. 31/10/2024, passed by 1st Additional District and Sessions Judge, Haridwar, in Criminal Revision No. 332 of 2014, Krishan Pal and others vs. State of Uttarakhand and another as well as summoning order dtd. 19/6/2014, passed by learned Additional Chief Judicial Magistrate, Roorkee in Criminal Case No. 1635 of 2014, State vs. Ashok Kumar and others, by which, the accused"applicants have been summoned under Ss. 319 Cr.P.C. for facing the trial under Ss. 498-A, 323, 504, 506 IPC and Sec. ' of the Dowry Prohibition Act.

(2.) Learned counsel for the applicants submits that the respondent no.2 filed an application under Sec. 156(3) Cr.P.C. with the vague allegations against her husband as well as all his relatives and the Magistrate concerned ordered for registering the FIR on her application. Pursuant to which, on her application an FIR was registered as Case Crime No. 17 of 2007, under Sec. s under Ss. 498-A, 323, 504, 506 IPC and Sec. ' of the Dowry Prohibition Act, at Police Station Kotwali, Roorkee, District Haridwar against 8 persons including the applicants.

(3.) After the investigation, charge-sheet was submitted by the Inquiry Officer, in which, only three persons, namely, Ashok Kumar (husband), Pradeep Kumar (brother-in-law and Smt. Mayawati (mother-in-law) of the respondent no.2 were named in the charge-sheet. The present applicants were summoned under Sec. 319 Cr.P.C. to face the trial in criminal case No. 1635 of 2014, State vs. Asok Kumar and others have been charge-sheeted, under Sec. es Ss. 498-A, 323, 504, 506 IPC and Sec. ' of the Dowry Prohibition Act.