IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.874 of 2008 (U/s 482 Cr.P.C.) Mangal Sen Sharma and others ……. Petitioners Versus State of Uttarakhand & another ..…. Respondents Dated: November 29, 2011 Sri Suresh Chand Bhatt, Advocate for the petitioners Sri M.A. Khan, Brief Holder for the State/respondent no.1 Sri S.K. Mandal, Advocate for respondent no.2 Hon’ble Servesh Kumar Gupta , J. By way of this petition, moved u/s 482 Cr.P.C., the prayer has been made to quash the summoning order dated 13.10.2008 passed by First Additional Judicial Magistrate, Rudrapur (U.S. Nagar), in criminal case no.127 of 2008, titled as Lalit Mohan Sharma Vs. Mangal Sen Sharma and others. The said order of cognizance was passed for the offence of Sections 323, 395, 504 and 506 IPC against all the applicants. Having heard learned counsel of the parties, it appears that Lalit Mohan Sharma (complainant/respondent no.2) was wedded with Smt. Preeti Sharma on 29.1.2007. Smt. Preeti Sharma and her parents are the resident of Moradabad, State of Uttar Pradesh while Lalit Mohan Sharma is the resident of Nanak Sagar Colony within the territorial jurisdiction of P.S. Nanakmatta, Distt. U.S. Nagar, Uttarakhand. Within a couple of months of marriage, the relations between the two families became soured because of the voracious conduct on the part of Lalit Mohan Sharma and his family members, on the question of dowry. They were not satisfied with the dowry and the cash offered by the parents of Preeti Sharma in the marriage, and began to raise the demand of a Maruti Car and some cash further. Ultimately, Smt. Preeti Sharma was 2 allegedly expelled from her matrimonial house on 26.10.2007 while she was under conception. Her native place, at Moradabad, was her resort to take shelter therein. A male baby was born on 7.1.2008 at Moradabad, but her in-laws did not come to bless the baby. The mutual talks of reconciliation took place on 1.6.2008 in the presence of some middlemen like Sanjeev Agnihotri, V.K. Vajpayee, Mangat Ram Anand and others, but in vain, so an FIR was lodged by Preeti Sharma on 3.6.2008 at Mahila Thana, Moradabad against her husband, father in law, mother in law and brother in law for the offence of Sections 498-A/323 IPC r/w Section 3/4 Dowry Prohibition Act, wherein the investigation was being proceeded. When Lalit Mohan Sharma noticed the above-mentioned investigation against him and his family, allegedly he filed this complaint with a feeling of vengeance on 12.8.2008, narrating the incident of 6.8.2008. As per the contents of the complaint, Smt. Preeti Sharma (wife), Mangal Sen Sharma (father in law), Smt. Kusumlata Sharma (mother in law), Sanjeev Kumar Sharma (brother in law), Smt. Manisha Sharma (wife of brother in law), Sanjeev Agnihotri (middleman) and Smt. Poonam @ Soni (wife of Sanjeev Agnihotri), came across the complainant at about 12 noon at Rudrapur in front of Punjab and Sindh Bank, and while hurling abuses to the complainant, they all snatched a golden chain of 3 Tolas (around 35 grams) and manhandled him, as a result of which he was injured. Anyhow, he was rescued by witnesses Ranjeet Singh, Omkar Singh Rana and Charanjit Singh, from being assaulted by the accused persons. The complainant got himself medically examined on the same day in the Government Hospital, Rudrapur at 1:20 PM. The injury report has been annexed as Annexure No.1 to the additional counter affidavit filed by Lalit Mohan Sharma. In the trial court, the complainant got himself examined u/s 200 Cr.P.C., while his witnesses Omkar Singh Rana, Charanjit 3 Singh and Ranjit Singh were examined u/s 202 Cr.P.C. on 2.9.2008. He also filed a suit for restoration of conjugal rights u/s 9 of the Hindu Marriage Act on 12.8.2008, i.e. the same day of filing of the complaint. In that suit, the witnesses Omkar Singh Rana and Charanjit Singh are the same, who were the eyewitnesses of the alleged incident of 6.8.2008, where Shri Sharma has manifested himself as a labourer, while in the complaint, he alleges to have worn a Golden Chain of 3 Tolas. This is quite anomalous. Having a look upon the entire facts of the complaint, the same appear to be quite false, fickle, fabricated, arising just out of vengeance, which is nothing but a sheer abuse of the process of law, and that the same cannot be permitted to sustain by this Court at all. So, the petition is worth acceptance. In view of what has been stated above, this petition is allowed. Impugned order of cognizance dated 13.10.2008 and also the proceedings of the complaint case no.127 of 2008, titled as Lalit Mohan Sharma Vs. Mangal Sen Sharma and others, pending in the Court of First Additional Judicial Magistrate, Rudrapur (U.S. Nagar), as aforementioned, are hereby quashed. (Servesh Kumar Gupta, J.) November 29, 2011 Rajeev Dang