RAO JAVED Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) <DJG>B.C.Kandpal, J.</DJG> By means of these two petitions, moved under Section 482 Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Case No. 517 of 2005, State Vs Rao Javed & others, relating to offences punishable under Sections 498A, 323, 324, 504 & 506 of I.P.C. and 3/4 Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Haridwar.

(2.) It is pleaded by the petitioners in the petition that the marriage of the petitioner No. 1 Rao Javed was solemnized with opposite party No. 3 Smt. Praveen Rao on 04.01.1996. On 24.11.2004, opposite party No. 3 filed a First Information Report as Case Crime No. 263 of 2004, under Sections 498A, 323, 324, 504, 506 of I.P.C. and 3/4 Dowry Prohibition Act against the applicants with the allegations that she was married about six and half years back with the applicant No. 1 Rao Javed and since then she was subjected to cruelty by all the applicants for the damand of dowry. She has further stated that on 19.11.2004, all the applicants came to her house and tried to burn her. The matter was investigated by the police and after completing the investigation of the case, the Investigation Officer submitted the chargesheet against the applicants under the aforesaid sections and the case was registered as Criminal Case No. 517 of 2005 against the applicants. Thereafter, the learned Magistrate summoned the petitioners in respect of offences punishable under Sections 498A, 323, 324, 504, 506 I.P.C. and one punishable under Section 3/4 Dowry Prohibition Act.

(3.) Feeling aggrieved by the aforesaid summoning order, the petitioners have filed this petition for quashing of proceedings of criminal case pending before the court below.