FIROZ AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present C482 application, applicants have put to challenge the charge-sheet dtd. 1/6/2022; summoning/cognizance order dtd. 29/7/2022 as well as the entire proceedings of Criminal Case No.5439 of 2022, under Ss. 498-A, 323, 504 IPC and Sec. 3/4 of the Dowry Prohibition Act, pending in the court of learned First Additional Chief Judicial Magistrate, Dehradun.

(2.) Facts in brief are that respondent no.2 lodged the first information report on 30/8/2021 alleging therein that the marriage of respondent no.2 got solemnized with applicant no.1 on 4/5/2018 as per Muslim rites and rituals. The parents of respondent no.2 gifted the ornaments and other articles as per their status and after some time of marriage, the applicants and other accused have demanded money from respondent no.2 and her family members; and also threatened her for demand of dowry. Thereafter, when the respondent no.2 became pregnant, during pregnancy, her husband and in-laws did not get the respondent no.2 examined by any doctor and on 7/3/2020, she gave birth to a daughter in her in-laws house. After the birth of a daughter, applicant no.1 started beating her and even tried to strangle her with her dupatta. It is further stated in the FIR that respondent no.2's mother-in-law did not even give her proper food. It is also stated in the FIR that applicants continuously assaulted respondent no.2 for demand of dowry and also tried to hang her from the fan. With the aforesaid averments, the first information report was lodged.

(3.) After lodging of the first information report, the Investigating Officer submitted the charge-sheet on 1/6/2022. Thereafter, learned Magistrate took cognizance on the said charge-sheet vide its order dtd. 29/7/2022 and issued summons to the applicants.