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Uttarakhand High Court · body

2010 DIGILAW 150 (UTT)

NATHU RAM BHAGAT v. STATE OF UTTARANCHAL

2010-03-30

PRAFULLA C.PANT

body2010
JUDGMENT Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C.) the petitioner have sought quashing of the proceedings of criminal case No. 913 of 2004, State Vs. Surendra and others, relating to offences punishable under Sections 498A, 323, 506 I.P.C. and one punishable under Section 3/4 Dowry Prohibition Act, 1961, P.S. Patel Nagar, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun. 2. Heard learned counsel for the parties. 3. Brief facts of the case are that the complainant-Kiran Devi, got married to Surendra Kumar (son of petitioner No. 1 and 2) of 06.05.1994. Out of said wedlock, three children namely Neha, Rohit and Nitin, were born. The complainant’s husband Surendra Kumar (not petitioner in this case) runs an auto-rickshaw in Haridwar. It is alleged by the complainant in the First Information Report that he is a drunkard and he used to beat the complainant. Time and again, complaints were made to the authorities. It is also alleged in the First Information Report that petitioners Nathhu Ram Bhagat (father-in-law), Indira (mother-in-law) and Deep Mala (sister-in-law), were also involved in harassing the complainant. At the end of First Information Report, it is mentioned that the accused including the petitioner made demand of dowry and the complainant was ousted from her husband’s house on 03.01.2004. After investigation, police appears to have submitted charge-sheet against the accused including the petitioners. 4. Learned counsel for the petitioners drew attention of this Court to annexure-14 to the petition, which is copy of ration card, which shows that petitioners Nathu Ram Bhagat, Indira and Deep Mala, are living separately from Surendra Kumar as his name is not mentioned in it. It is pleaded that Surendra Kumar (husband of the complainant) used to live separately. From the First Information Report itself it is clear that on 29.04.2003, after a compromise between the parties to the matrimony, complainant started living with her husband Surendra Kumar and her children in a separate rented accommodation in Kankhal. It is argued that it is abuse of process of law on the part of the complainant to implicate the present petitioners in the criminal case in which allegations are substantially against the husband of the complainant. 5. It is argued that it is abuse of process of law on the part of the complainant to implicate the present petitioners in the criminal case in which allegations are substantially against the husband of the complainant. 5. Having considered submissions of learned counsel for the petitioners and learned counsel for the complainant, and after going through the papers on record, this Court is satisfied that there is nothing against the present petitioners Nathu Ram, Indira and Deep Mala, to make them face trial in respect of offences punishable under Sections 498A, 323, 506 I.P.C. and one punishable under Section ¾ of Dowry Prohibition Act, 1961. In substance, all the allegations are against the husband. As against the present petitioners, it appears to be abuse of process of law on the part of the complainant to implicate them in the case. 6. Therefore, this petitioner under Section 482 Cr.P.C. is disposed of with the direction that the proceedings of criminal case No. 913 of 2004, State Vs. Surendra Kumar and others, relating to offences punishable under Sections 498A, 323, 506 I.P.C. and one punishable under Section 3/4 Dowry Prohibition Act, 1961, P.S. Patel Nagar, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun, so far it relate to the petitioners-Nathu Ram Bhagat, Indira and Deep Mala, are hereby quashed. However, it is made clear that the trial may proceed against accused Surendra Kumar.