1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Miscellaneous Application No. 125 of 2011 A. Kalam, S/o Abdul Salam Gohar R/o Mohalla Bhup Singh, P.S. Jaspur District Udham Singh Nagar …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home, Dehradun 2. Smt. Shama Parveen W/o Abul Kalam Azad D/o Ali Akhtar R/o Mohalla Bhupsing , P.S. Jaspur, District Udham Singh Nagar ……….Respondents Mr. Mohd. Azim, Advocate, holding brief of Mr. S.K. Shandilya, Advocate, present for the petitioner. Mrs. Mamta Bisht, A.G.A., present for the State. Mr. Kurban Ali, Advocate, present for the respondent no. 2. Hon'ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal complaint case no. 31892 of 2010, State vs. Abdul Salam Gohar 2 & others, relating to offences punishable under section 498A, 494, 323, 504 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961 Police Station Jaspur, District Udham Singh Nagar. 3. Admittedly, the petitioner was husband of respondent no. 2 Shama Parveen. It is also not denied that two children born out of the wed-lock are living with respondent no. 2. There are allegations made in the FIR relating to demand of dowry, and harassment. The petitioner has taken factual pleas of innocence, and it is pleaded that the impugned criminal case is pressure tactics against the petitioner to make him live as 'GHAR JAMAI' (i.e. Son-in-law who lives in his in-laws place). In the counter affidavit filed on behalf of the State it is specifically pleaded that not only there are demand of dowry, and harassment was done but the petitioner has got married to another woman leaving the respondent no. 2 with her children as destitute. 4. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that factual plea of 3 innocence raised by the petitioner can be examined by the trial court after recording evidence. This Court in its jurisdiction under section 482 Cr.P.C., cannot examine factual plea of innocence. 5. Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 Cr.P.C., is dismissed with the observation that if the petitioner A.Kalam surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Parul 19.09.2011