ASHOK HARIWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present Application under Sec. 482 Crimial P.C., the applicant seeks to quash the charge sheet no. 95 of 2013, order dated 10.06.2015 as well as the entire proceedings of Criminal Case No. 86 of 2013, State Vs. Ashok Hariwal & others, under Sections 498-A, 323, 506 of Penal Code and Sec. 3/4 of the Dowry Prohibition Act, pending in the Court of 1st Judicial Magistrate, Dehradun.

(2.) The accused-applicant is husband of the victim, who lodged the first information report against 6 named accused including the applicant (husband) for the offences punishable under Sections 498-A, 323, 506 of Penal Code and Sec. 3/4 of the Dowry Prohibition Act, alleging therein that the accused persons subjected her to cruelty, assaulted and threatened her with dire consequences on account of non-fulfilment of demand of dowry. The Court was taken through the contents of the FIR. It is not necessary for the Court to reproduce the whole FIR for the sake of brevity. Suffice will it be to say, for the purpose of adjudication of the present Petition, that, on a bare reading of the first information report, ingredients of subjecting the victim to cruelty are prima facie made out against the applicant. The Court has been informed that even the charge has been framed against the accused-applicant which has been brought on record as annexure-3.

(3.) The scope of discharge has been highlighted by Honourable Apex Court in a catena of decisions, including the one in Shoraj Singh Ahlawat & others Vs. State of U.P. & another, AIR 2013 SC 52.