KAUSHAL 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 petitioners have sought quashing of the proceedings of Criminal Case No. 144 of 2005 State vs. Sanjay and other, relating to offences punishable under section 498A, 504, I.P.C., and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Civil Judge, (Junior Division)/Judicial Magistrate, Roorkee.

(2.) Heard learned counsel for the petitioners and learned counsel for the State. None present on behalf of the respondent no.3 (complainant) even after being sufficiently served with the notice. However a counter affidavit has been filed on behalf of the complainant which is on record.

(3.) Brief facts of the case are that the complainant's sister Babita got married to Sanjay (brother of the petitioner no.1 and 2). It is alleged by the complainant in F.I.R. that Sanjay, his brother Dinesh and Manoj, his sisters Kaushal and Pinky, mother in law Shayamo , father in law Rajpal and Sanjay's friend Vijaypal and his wife Usha demanded fridge and motor cycle in dowry from Babita and subjected her to cruelty. On the basis of said report lodged by respondent no.3, crime no. 37 of 2005 was registered in respect of offence punishable under section 498A, 504 I.P.C., and one punishable under section ¾ Dowry Prohibition Act 1961, at police station Jhabreda, district Haridwar. After investigation charegesheet (ExA-4) appears to have been filed by the Investigating Officer before the trial court on which summoning order dated 12th of August 2005 was passed by the trial court. Hence this petition.