NATHU RAM BHAGAT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C.) the petitioner have sought quashing of the proceedings of Criminal Case No. 913 of 2004, State Vs. Surendra and others, relating to offences punishable under Sections 498A, 323, 506 I.P.C. and one punishable under Section 3/4 Dowry Prohibition Act, 1961, P.S. Patel Nagar, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun.

(2.) HEARD learned counsel for the parties.

(3.) LEARNED counsel for the petitioners drew attention of this Court to annexure -14 to the petition, which is copy of ration card, which shows that petitioners Nathu Ram Bhagat, Indira and Deep Mala, are living separately from Surendra Kumar as his name is not mentioned in it. It is pleaded that Surendra Kumar (husband of the complainant) used to live separately. From the First Information Report itself it is clear that on 29.04.2003, after a compromise between the parties to the matrimony, complainant started living with her husband Surendra Kumar and her children in a separate rented accommodation in Kankhal. It is argued that it is abuse of process of law on the part of the complainant to implicate the present petitioners in the criminal case in which allegations are substantially against the husband of the complainant.