SHANTI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitions have sought quashing of the proceedings of Criminal Case No. 1157 of 2005, State vs. Gautam Chadha and others, relating to offences punishable under section 406 I.P.C, pending in the court of Judicial Magistrate, Rishikesh, District Dehradun.

(2.) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit.

(3.) Brief facts of the case are that the petitioner no.3 Gautam Chadha got married to respondent no.2 Richa Chadha on 13.12.1999 at Delhi. Two twins namely Sana Chadha and Sparsh Chadha were born out of the wedlock. A First Information Report was lodged by the respondent no.2 Richa Chadha on 26.10.2004 at police station Rishikesh against the petitioners Gauthan Chadha, Shanti and Chamal Lal alleging that the 'Stridhan ' of the complainant was not returned to her by the accused(petitioners). Said report appears to have been registered as crime no. 429 of 2004 relating to offences punishable under section 406 I.P.C, in which, after investigation charge sheet was filed by the Investigating Officer with the finding that on 28.10.2003 complainant was ousted from the house of her husband and the petitioners have failed to return her ' Stridhan ' which includes her jewellery, clothes and other goods. It is that charge sheet which is challenged in these proceedings. It is admitted by learned counsel for the parties that during the pendency of this petition that the marriage between the petitioner no.3 and respondent no.2 has been dissolved, by a decree of divorce.