SMT. MANJARI Vs. STATE OF UTTARAKHAND AND ANR.

JUDGEMENT

(1.) HEARD Sri Pankaj Purohit, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State/Respondent No. 1. None is present for the Respondent No. 2, though service has been effected sufficiently upon her.

(2.) DURING the pendency of the petition moved under Section 482 Code of Criminal Procedure, another miscellaneous application No. 399 of 2008 has been moved on behalf of the Petitioner Smt. Manjari with the prayer that the entire proceedings of criminal case No. 1271 of 2007 Smt. Saroj v. Smt. Manjari Under Section 406 Indian Penal Code, 1860, pending in the court of C.J.M. Haridwar be dropped in view of the latest development of agreement between the parties (husband and wife).

(3.) THE background facts are that Smt. Manjari wedded with Devashish Narendra Lal on 15.5.1989. Their wedded life passed on peacefully for some one and half decade and thereafter the differences between the couple cropped up to the extent of initiation of sundry legal proceedings against each other. Smt. Manjari left to her parents' house situated in Pune (Maharashtra), so Devashish Narendra Lal filed a suit Under Section 9 of Hindu Marriage Act for the restitution of conjugal rights. On the other hand, Smt. Manjari filed a suit for judicial separation in the Family Court at Pune. The mother of Devashish, Smt. Saroj filed the instant complaint No. 1271 of 2007 against her daughter in law Smt. Manjari (applicant) blaming her that she has left her in -laws house with a large chunk of cash and jewellery. So she has committed the breach of trust and the Magistrate, being satisfied with the statements of Sections 200 and 202 Code of Criminal Procedure, took cognizance in the matter and passed the impugned order dated 9.4.2007.