ASHOK PUNDIR S/O SHRI DEVI SINGH PUNDIR AND NAVNEET PUNDIR S/O SHRI DEVI SINGH PUNDIR Vs. STATE OF UTTARAKHAND THROUGH PRINCIPAL SECRETARY OF HOME AND RAJEEV KUMAR CHAUHAN S/O SHRI LAKHAN SINGH CHAUHAN

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure,1973, the Petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 672 of 2009 (new No. 4151 of 2010), Rajeev Kumar Chauhan v. Ashok Pundir and Ors., relating to offence punishable under Section 304B I.P.C., Police Station Rajpur, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun.

(3.) BRIEF facts of the case are that, Petitioner No. 1 Ashok Pundir got married to Sanju Pundir (deceased) on 23rd of February, 2005. After two and half year of her marriage on 01.10.2007, she died unnatural death. The post mortem examination discloses that cause of death could not be ascertained and viscera was preserved. There was no mark of the injury on the body of the deceased. It is pleaded on behalf of the Petitioners that deceased consumed poison and committed suicide. It is further pleaded that the father of the deceased Lakhan Singh Chauhan himself admitted said fact, and no action in the matter was taken. After one and half month an application under Section 156(3) of Code of Criminal Procedure, appears to have been moved by Respondent No. 2 Rajeev Kumar Chauhan (brother of the deceased) on the basis of which crime No. 6 of 2008 was registered at police station Rajpur, relating to offences punishable under Section 304B, 504 and 506 I.P.C., against the Petitioners and other family members. However, on investigation no offence is said to have been made out against any of the accused including the Petitioner and final report was submitted by the police. It appears that there after the Respondent No. 2 filed the protest petition which was accept as criminal complaint.