MRADUL AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 493 of 2010; State Vs. Mradul Agarwal, relating to offences punishable under Section 498-A, 323, 504 of I.P.C., and one punishable under Section 3 /4 of the Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Dehradun. The petitioner has further challenged the order dated 26.05.2010, passed by the Sessions Judge, Dehradun, in Criminal Misc. Application No. 79 of 2010, whereby said court has dismissed the revision of the petitioner.

(3.) Brief facts of the case are that the petitioner got married to Smt. Bharti, daughter of respondent No. 2 (complainant), about six years before. A daughter is born out of the wedlock after one year of the marriage. A first information report was lodged by the respondent No. 2 on 09.01.2010, alleging that after the birth of the female child, the petitioner started harassing his wife and treated her with cruelty. It is also alleged that demand of dowry was also made. It is also alleged that the complainant's daughter was subjected to physical assault. It appears that after investigation, charge sheet has been filed against the petitioner in respect of aforesaid offences, before the Magistrate concerned. Against the order dated 25.02.2010, by which the petitioner was summoned by the trial court after taking cognizance, the petitioner filed a criminal revision which was registered as Criminal Misc. Application No. 79 of 2010, by the Sessions Judge. After hearing the petitioner, said revision was dismissed vide order dated 26.05.2010.