VIMLA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the chargesheet dated 28.6.2016, cognizance and summoning order dated 4.7.2016 and the entire proceedings of Criminal Case No. 2379/2016, State v. Gajendra Pratap Singh and Others, under Sections 498A, 506 IPC and 3/4 of the Dowry Prohibition Act, pending before the Court of Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) The background facts of the case are that on 12.5.2016, respondent no. 2 lodged an FIR against her husband, father-in-law, mother-in-law and sister-in-law stating that the marriage of the complainant was solemnized with Gajendra Pratap Singh in the year 2009; the accused applicants were not happy with the dowry and gift given the marriage; accused persons were continuously making demand of more dowry; complainant's husband used to beat and torture the complainant because his demand was not being fulfilled; she was also being tortured by her husband for not giving birth to any child; she was ultimately ousted from her matrimonial house; husband of the complainant was pressurizing her for giving him divorce and was threatening to kill her if she failed to give the divorce. After investigation, police submitted the chargesheet and then the court below took cognizance against all the four accused persons to face the trial for the aforementioned offences.

(3.) Applicant no. 1 is the unmarried sister-in-law and the applicant no. 2 is the father-in-law of the complainant. Here it may be noted that this C482 application was filed in the year 2016 and yet no counter affidavit, either on behalf of the State or the complainant, could be filed till date. It may also be noted here that the husband Gajendra Pratap Singh is not an applicant in the present criminal miscellaneous application.