Uttarakhand High Court
Vipin Kumar & Others …….Applicants vs State Of Uttarakhand And Another on 3 March, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No. 543 of 2024
03rd March, 2025
Vipin Kumar & others .......Applicants
Versus
State of Uttarakhand and another .........Respondents
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Presence:-
Mr. Narendra Bali, Advocate for the applicants.
Mr. B.C. Joshi, A.G.A with Ms. Shweta Badola Dobhal, B.H. for the State.
Mr. Vaibhav Singh, Advocate for respondent no.2/complainant.
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Hon'ble Pankaj Purohit, J.
By means of the present C482 application, the applicants
have challenged the summoning order dated 06.01.2024, passed by
learned Ist Additional Civil Judge/Judicial Magistrate, Haridwar in
Complaint Case No.1321 of 2023, Smt. Preeti Vs. Vipin Kumar &
others, punishable under Sections 323, 504 and 506 IPC, registered at
Police Station – Haridwar, District – Haridwar and a further prayer
has been made to quash the entire proceedings of Complaint Case
No.1321 of 2023, pending before the court of learned Judicial
Magistrate, Haridwar.
2. Facts in a nutshell are that an application under Section
156(3) of CrPC was moved by respondent no.2 before the trial court
stating therein allegations of harassment at the hands of the applicants.
It was stated therein that sufficient amount of dowry had been given
by father of respondent no.2 in the marriage, however the applicants,
who are the in-laws of respondent no.2, were not satisfied with the
dowry given in the marriage and they continued to harass her on one
pretext or the other. Even she was subject to physical cruelty at the
hands of the applicants.
3. On the said application, the court of learned Judicial
Magistrate, Haridwar registered the case as a complaint case and
directed the same to be registered and the matter was directed to be
fixed for evidence under Section 200 CrPC. By order dated
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06.01.2024, the trial court has summoned the applicants to face the
trial for the offences under the Sections 323, 504 of 506 of IPC.
Challenging the summoning order the applicants have knocked the
door of this Court.
4. I have heard learned counsel for the parties and carefully
perused the material available on record.
5. The crux of the complaint, launched by respondent no.2,
is that respondent no.2 was subjected to physical and mental
harassment at the hands of the applicants, for bringing lesser dowry in
marriage. Even she was beaten up severely by the applicants on the
pretext of aforesaid complaint.
6. The efforts for reconciliation between parties were also
carried out, but all went in vain.
7. The fact as to whether allegations made in the complaint
made by respondent no.2 are correct or not and can only be examined
in the trial court.
8. On, prima facie, examination of the allegations, this
Court is of the view that the offence alleged against the applicants are
made out and it is duty of the trial court to reach to the conclusion
only after evidence is adduced before it.
9. This task cannot be undertaken by this Court, at this
stage.
10. In such view of the matter, I do not find any illegality and
irregularity in the summoning order passed by trial court.
11. Accordingly writ petition fails and is hereby dismissed.
12. Trial court is directed to proceed with the trial, in
accordance with law.
(Pankaj Purohit, J.)
03.03.2025
SK
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