OM RATHORE Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of charge-sheet dated 30/9/2004, 3/10/2004 and 11/10/2004 in connection with case crime No. 775 of 2004 relating to offences, punishable under Section 323, 328, 498A, 506 I.P.C. and that of one punishable under Section 3/4 of Dowry Prohibition Act, 1961, P.S. Kashipur, District Udham Singh Nagar, which have been registered as criminal case No. 1487 of 2004 and pending before Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) Brief facts of the case are that respondent No. 3-complainant Smt. Rachana Gandhi Singh, got married to petitioner No. 3-Vipin Kumar Singh on 12/12/2002. It appears that the parties did not pull along well. On 17/8/2004, a First Information Report was lodged by respondent No. 3 against her father-in-law, mother-in-law, husband, brother-in-law and sister-in-law (all petitioners), alleging that they harassed her for non-fulfilment of demanded dowry. There are allegations in the First Information Report that her in-laws used to beat her and the petitioners threatened to kill her. From the record, it appears that after investigation, charge-sheets were filed by the police against the petitioners, for their trial regarding the offences, allegedly committed by them, punishable under Section 323, 328, 498A, 506 I.P.C. and under Section 3/4 Dowry Prohibition Act. On the basis of said charge-sheets, criminal case No. 1487 of 2004 is pending against the petitioners, before the court of Judicial Magistrate, Kashipur.

(3.) Heard learned counsel for the parties and perused the record.