IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No.9033 OF 2010 In Criminal Writ Petition No.907 OF 2010 Km. Dolly Sharma and another ……… Petitioners Versus State of Uttarakhand and two others ……… Respondents Dated: October 26, 2010 HON. DHARAM VEER, J. Heard Mr. Sandeep Tandon, Advocate for the petitioners and Mr. M.A. Khan, Brief Holder for the State. By means of this writ petition, the petitioners have sought quashing of impugned FIR dated 17.9.2010 of case crime no.294 of 2010, registered with Police Station Patel Nagar, District Haridwar, relating to offences punishable under Sections 498-A and 304-B of The Indian Penal Code, 1860 (for short, IPC). Facts, in brief are that complainant Satish Kumar lodged a report with P.S. Patel Nagar, Dehradun on 17.9.2010 stating therein that his sister (deceased) Smt. Baby @ Parul was married to co-accused Bitoo @ Ravindra on 17.6.2009 and lot of money was spent by them in the marriage but after marriage the present petitioners and other family members of the in-laws of his sister started torturing her on account of more dowry and demanded ` 1.50 lacs from the deceased. After the marriage, the parents of the deceased gave ` 20,000/- to her in laws but it was not sufficient to the accused and they continued to torture the deceased. On 11.9.2010 the deceased called the complainant on phone and told that she is feeling acute delivery pain but the in-laws and the husband of the 2 deceased told that they will get the child delivered at home only and the child was taken out from her womb by force by the applicants and other accused. On 16.9.2010 at 8 PM the deceased again called her brother and told that the accused wanted to get rid of her and are administering slow poison to her in her food and on 17.9.2010 when the complainant reached to the house of the deceased, he found her dead. With the same averments, Satish Kumar, brother of deceased, lodged the present FIR against the applicants and others. There are specific allegations against the petitioners in the First Information Report. Further, the deceased has died an unnatural death within seven years of her marriage in the house of her in laws due to demand of dowry and soon before her death she was subjected to mental and physical harassment by the accused for the demand of dowry. Having considered the submissions of learned counsel for the petitioners and that of learned Brief Holder for the State and the contents of the impugned First Information Report and facts and circumstances of the case indicates that a prima facie case under the aforesaid sections is made out against the petitioners. Keeping in view all these facts and circumstances and the gravity of the offence, the Court is of the view that the petitioners are not entitled to get any relief at this stage by this Court. The writ petition is devoid of merit and is hereby dismissed in limine. (Stay Application No. 9033 of 2010 also stands dismissed). (Dharam Veer, J.) 26.10.2010 RG