UPKAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Criminal misc. application (C-482) no.358 of 2018 Upkar Singh Vs. State of Uttarakhandanother and criminal misc. application (C-482) no.359 of 2018 Hardayal Singhanother Vs. State of Uttarakhand and another have been filed by the applicants for quashing the charge-sheet dated 28.04.2018 filed by the Investigating Officer, as well as summoning order dated

(2.) Brief facts of the case are that the marriage of the applicant Upkar Singh was solemnized with complainant/ respondent no.2 on 11.11.2012, according to the Sikh rituals, and at the time of marriage, parents and relatives of the complainant gave gold and silver ornaments, household items, fortuner car and electronic items etc. in the marriage and the entire gifts were handed over to the in-laws of the complainant/ respondent no. But after sometime the husband, father-in-law and mother-in-law of the complainant / respondent no.2 demanded more money and committed cruelty with the complainant/ respondent no.2 on the pretext that her father has not given sufficient dowry in the marriage.

(3.) It is contended that when the parents of the complainant could not fulfill the demand of dowry, then the husband asked the wife for divorce. It is further contended that after sometime the applicant started living with one Sandeep Kaur and claims that he had married with the said lady. During the course of the investigation, interim protection was granted to the applicants by this Court. Thereafter, the charge-sheet was submitted. After submission of the charge-sheet, the Magistrate concerned took cognizance and issued summoning order dated 18.01.2018 against the applicants. Aggrieved against the same, the aforementioned criminal misc. applications under Sec. 482 Cr.P.C , 1973have been filed by the applicants.