ASHOK KAPOOR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C482 application, the applicants have challenged the charge-sheet No.10 of 2022 dtd. 24/2/2022, summoning/cognizance order dtd. 22/4/2022, passed by learned Judicial Magistrate, Purola, District Uttarkashi, in Criminal Case No.103 of 2022, State of Uttarakhand Vs. Kapil Kapoor and Others, punishable u/s 323, 498-A, 504, 506, 120-B IPC and under Sec. 3/4 of the Dowry Prohibition Act, 1961, along with the entire proceedings of the aforesaid criminal case.

(2.) The facts in brief are that the son of applicant No.1 and respondent No.2 got married on 24/11/2020 as per Hindu Rites and Customs. On 18/8/2021, respondent No.2 lodged an FIR with P.S. Purola, District Uttarkashi implicating her husband, father in-law (applicant No.1), sister in-law (applicant No.3), husband of sister in-law (applicant No.4) and even mother in-law of the applicant No.3 (applicant No.2) under the aforementioned Ss. alleging therein that in spite of receiving various costly gifts during marriage ceremonies, her husband along with his other family members were demanding 20 lakhs rupees from the family of the respondent No.2-complainant and were subjecting her to cruelty for the said demand.

(3.) Learned counsel for the applicants pleads that the FIR is lodged on false and concocted facts. He submits that the conduct of respondent No.2 was of quarrelling nature and since, the inception of marriage did not get along with her husband or applicants or other family members, she herself on 12/4/2021 left the matrimonial house along with all her belongings and started living in her parental house. He further submits that respondent No.2 got furious and lodged an FIR against her husband and applicants, when she got to know that due to her conduct, applicant No.1 has disowned and disinherited her husband and her from all his property.