DIMPLE DIGVIJAY SINGH PANWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both the applications have been filed by the applicants under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') for seeking to quash the impugned summoning order dated 27.07.2017 passed by the Judicial Magistrate IInd , Roorkee, District Haridwar in Criminal Case No. 766 of 2017, State vs. Jitendra Kumar and others, u/s 494, 420, 467, 468, 471 and 120-B IPC, hence both are taken up together and decided by this common judgment.

(2.) The facts, to the limited extent necessary, are that an FIR was lodged on 23.03.2015 at about 18:10 PM, at Kotwali, Gangnahar, Roorkee by the informant-Virendra Singh with the allegations that the marriage of his daughter-Dimple Verma was solemnized with Jitendra Kumar as per Hindu Rituals and Rites in 2011. After the marriage, Jitendra Kumar has left his daughter Dimple at their house in the year 2015, Jitendra came to his house to take his wife Dimple with him at around 9:00 PM, in the night he stayed at his house and left house at about 10:30 AM. Again on 16.03.2015 at about 10:30 PM Jitendra visited his house and told the informant that he wants to have some talk with the informant and his wife. He told us that he was informed by a Pandit that the janampatri of his and Dimple was not matching and his daughter-Dimple should have not married with Jitendra, if they lived together, he would meet an untimely death. Thereafter Jitendra went away, on the next day in the morning informant made a telephone call to Jitendra and told informant that he will come with Dimple in the evening. On being suspicious about this, the informant sent his nephew- Mukesh, who contacted over telephone, he told the informant that the house was under locked then they contacted Jitendra and family members they failed to provide any satisfactory reply about Dimple. Jitendra also did not tell anything about Dimple and continued to state that both will come to Roorkee tomorrow but now he did not come to him. Since then Dimple's mobile is also switched off and the informant further stated that Jitendra had shifted his wife at some other places.

(3.) After lodging FIR, investigation was done and after the investigation final report was submitted. After filing the protest petition by Virendra Singh (informant) order of further investigation was issued on 22.09.2016 by concerned Judicial Magistrate.