RENU DHIMAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Miscellaneous Application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, for setting aside the order dtd. 4/9/2019 passed by the learned Additional District and Sessions Judge-IV, Dehradun, in Criminal Revision No. 137 of 2019, titled Uma Dhiman and Another v. Smt. Renu Dhiman and Another. The Applicant further prays for the restoration of the summoning order dtd. 8/4/2019 passed by the learned Additional Chief Judicial Magistrate-I, Dehradun, in Case No. 3499 of 2016.

(2.) The factual background of the case, briefly stated, is that the Applicant lodged an FIR being Case Crime No. 110 of 2016 at Police Station Patel Nagar, District Dehradun, against three persons, namely (i) Deepak Dhiman (husband), (ii) Uma Dhiman (mother-in-law), and (iii) Amit Dhiman (brother-in-law), alleging commission of offences punishable under Ss. 498-A, 323, 504, and 506 of the Indian Penal Code, 1860, and Ss. 3 and 4 of the Dowry Prohibition Act, 1961.

(3.) The gravamen of the FIR is that the Applicant was subjected to physical and mental cruelty on account of unlawful demands of dowry made by the accused persons. The FIR specifically attributes acts of harassment and cruelty to Respondents Nos. 2 and 3 (mother-in-law and brother-in-law) in addition to the husband.