JUDGMENT

N.S. Dhanik, J. - This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the chargesheet and the order of cognizance dated 6.5.2019, passed by Additional Chief Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No. 2282 of 2019, whereby accused applicant no. 1 has been summoned to face trial for the offence under Sections 307, 323, 324, 498A IPC read with Section 3/4 of the Dowry Prohibition Act, while accused applicants no. 2 and 3 have been summoned to face trial for the offences under Sections 498A IPC read with Section 3/4 of the Dowry Prohibition Act.

2. Facts, in brief, are that the marriage of complainant/respondent no. 3 Smt. Nasreen was solemnized on 30.3.2018 with applicant no. 1 Parvej as per Muslim customs and ceremonies. On 25.1.2019, respondent no. 3 lodged an FIR against her husband, father-in-law and mother-in-law (applicants 1, 2 and 3 respectively) alleging that though her parents gave huge amount of dowry in the marriage, but accused applicants were not satisfied with the same and they demanded more dowry. When the complainant resisted, accused applicants harassed and threatened the her and ultimately ousted her from the matrimonial house. At 7.30 AM on 21.12.2018, the accused applicants allegedly came in the parental house of the complainant and they assaulted her with balkati and danda with intention to kill her. Accused applicants also allegedly tried to strangulate the complainant by putting rope in her neck. On raising the alarm, the accused applicants fled from the spot. While fleeing the spot, the applicant no. 1 also allegedly divorced the complainant by saying "Talaq" three times. Accused applicants also held out threats to the complainant. When the complainant along with her mother was going for the medical examination, the accused applicants again met them at G.T. Road and they again threatened the complainant. Then the complainant went to Mangalore and got herself medically examined.

3. Pursuant to the FIR lodged by the respondent no. 3, investigation was made and police submitted the chargesheet against the accused applicant and thereafter the Court below has summoned the applicants to face trial for the aforementioned offences.

4. Learned Senior Counsel for the applicants contended that the complainant lodged the false report and the story is cooked up. No incident, as alleged in the FIR, took place and the applicant no. 1 is a bright student and has done M.Tech from IIT Roorkee and presently doing Ph.D. Learned Senior Counsel also contended that false medical examination report has been procured by the complainant and this is the reason that the complainant did not get herself medically examined at Roorkee where she was living, but chose to travel to Manglore, situated at a distance of nearly 20 kms from Roorkee, for the medical examination. In fact, she obtained a false medical report from Manglore in connivance with the doctor of Community Health Centre, Manglore and thereafter lodged the report. Subsequently, on the complaint of the applicants, a medical board was constituted, which examined the complainant on 13.6.2019 and thereafter differed with the medical examination report given by the doctor of Community Health Centre, Manglore and opined that the injuries recorded in the said medical report were not matching in examination by the medical board. Learned Senior Counsel argued that the present proceedings against the applicants are sheer abuse of the process of Court and the same has been initiated with intention to ruin the career of the applicant no. 1 and hence, the impugned proceedings deserve to be quashed.

5. Learned Counsel for the complainant contended that ever since the marriage, the accused applicants were continuously harassing and torturing the complainant for their demand of dowry and when their demand of dowry was not fulfilled, they committed the aforementioned incident with intention to kill the complainant. Learned