SURESH CHANDRA GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 08 of 2004; Smt. Preeti Gupta Vs. Amit Gupta and others, relating to offences punishable under Section 498 -A of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, police station Rishikesh, District Dehradun, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Rishikesh.

(2.) HEARD learned counsel for the petitioners.

(3.) BRIEF facts of the case are that respondents No. 4 Preeti Gupta got married to Amit Gupta (son of present petitioners No. 1 and 2) on 26.11.2001. It is alleged in the criminal complaint that she was harassed for non -fulfillment of demand of dowry. She got herself examined under Section 200 of Cr.P.C. before the Magistrate. Thereafter, statement of witnesses Anurag Mittal and Man Mohan Mittal were recorded under Section 202 of Cr.P.C. Where after, the Magistrate summoned the accused, including the present petitioners, in respect of offence punishable under Section 498 -A of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961. Aggrieved by said order it appears that the accused, including the petitioners, filed criminal revision No. 78 of 2004, before the Sessions Judge, Dehradun, which was dismissed vide order dated 14.10.2004. Hence, this petition.