Rattan Lal & Ors. v. State of Uttarakhand & Ors.

Sri Manish Arora, Advocate for the petitioners Sri M.A. Khan, Brief Holder for the State HON. DHARAM VEER, J. By means of this writ petition, the petitioner has prayed to issue writ of certiorari quashing the FIR dated

18.02.2010 lodged by the respondent No.3-Hari Prasad, on the basis of which FIR No.65 of 2010 u/s 498-A/326 IPC and one punishable u/s 3/4 of Dowry Prohibition Act, 1961 was registered at P.S. Kotwali Sadar, Distt. Dehradun, against the petitioners. Heard learned counsel for the parties and perused the entire material on record. In brief the prosecution case is that on

18.02.2010, FIR was lodged by the complainant-father of victim with the averments that his daughter, namely, Km. Rama was married with Ravi Kumar on 17.2.2007 and soon after the marriage, her mother in law starting harassing her for dowry. On one day a telephone call was received by the complainant that his daughter Smt. Rama was being subjected to physical cruelty. On this the complainant went to the in-laws house of his daughter where his daughter told that in case she would not be taken by the complainant, then the petitioners would kill her and she also informed that she was also hungry for last four days. On 6.8.2008 Smt. Rama gave birth to a girl. It was further averted that the mother in law, father in law, sister in law and brother in law (all petitioners) used to harass Smt. Rama to get purchased a house, a shop and Rs.4.00 lacs in cash in demand of dowry. On 18.2.2010, the complainant was informed that his daughter Smt. Rama has been set at fire and she was being taken to the hospital. When the complainant reached at the hospital, his daughter was found burnt and medical treatment was going on. With the above-said averments, the FIR was lodged. The averments made in the FIR also gets corroborated from the medical report. After the medical examination of victim, the medical officer found the burning on the right side face, right side arm, front of neck, chest and abdomen and left side wrist joint on the body of victim. Pealing of redness at pealed area of scalp hair was also present. The medical officer also found smell of kerosene oil present in the body of victim. A perusal of the contents of the FIR as well as medical report goes to show that prima facie there is sufficient evidence against the petitioners and the offences punishable u/s 498-A/326 IPC and 3/4 of the Dowry Prohibition Act is made out against the petitioners. After considering entire circumstances of the case and upon hearing learned counsel for the parties as well as on perusal of FIR especially the medical report of the victim and other documents available on record, the petitioners are not entitled for any relief by this Court and the petition is liable to be dismissed summarily. The writ petition is, therefore, devoid of merits and is dismissed in limine. Rajeev Dang (Dharam Veer, J.)

09.03.2010