LAWS(UTN)-2010-6-179

SUDHIR KUMAR AGARWAL Vs. STATE OF UTTARAKHAND

Decided On June 09, 2010
SUDHIR KUMAR AGARWAL S/O LATE SHRI RADHE SHYAM AGARWAL Appellant
V/S
STATE OF UTTARAKHAND THROUGH SECRETARY HOME GOVERNMENT OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C) the petitioner has sought quashing of the proceedings of criminal case no. 1880 of 2010, State vs. Mayank Agarwal & others, relating to offences punishable under section 498A, 494, 495, 420, 323, 504, 506 I.P.C., and one punishable under section Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar

(3.) Learned counsel for the petitioner submitted that from the first information report itself it is clear that the marriage between the respondent no. 2 and Mayank Agarwal (husband) was a love marriage. It is contended that there is no question of demand of dowry in the matter. It is argued that it is abuse of process of law on the part of the complainant to implicate the petitioner, in a case of dowry harassment due to the matrimonial discord between her and her husband. It is further argued that as far as offence punishable under section 494 is concerned, the same does not get attracted against the petitioner who is father of Mayank Agarwal (husband).