LAWS(UTN)-2011-8-61

MS. ANU W/O SANJAY KUMAR Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME AND SUSHIL KUMAR GUPTA S/O SHIV NARAYAN

Decided On August 02, 2011
Ms. Anu W/O Sanjay Kumar Appellant
V/S
State Of Uttarakhand Through Secretary Home And Sushil Kumar Gupta S/O Shiv Narayan Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under Section 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure), the Petitioner has sought quashing of the proceedings of criminal complaint case No. 122 of 2007, Sushil Kumar v. Prashant Mittal, relating to offences punishable under Section 498A, 406 Indian Penal Code, 1860, 2 and one punishable under Section 3/4 Dowry Prohibition Act, 1961, pending in the court of Chief Chief Judicial Magistrate, Haridwar.

(3.) NO doubt it cannot be denied that there might be false implication of the Petitioner Ms. Anu, who is resident of District Karnaal in Haryana. Admittedly, she is sister -in -law (married NANAD) of the daughter of the complainant. However, considering the fact that the criminal complaint case relates to the year 2002, when the accused were summoned, this Court is not inclined to interfere with the trial of the case after a period of nine years, and stay the same.