IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Appln. No. 327 of 2010 1. Trilochan Joshi, S/O Nanda Ballabh, 2. Nanda Ballabh Joshi, S/O Kashiram 3. Smt. Sita Devi w/O Nanda Ballabh All R/O Village Morari, P.S. Kotwali, Champawat, District Champawat ………….. Applicants Versus 1. State of Uttaranchal through Secretary Home, Uttarakhand Dehradun. 2. Smt. Devki Devi W/O Trilochan, R/O Village Jaigaon, Jatoli P.S. Kotwali Champawat District Champawat …………Opposite parties Shri Prabhakar Joshi, Advocate present for the petitioners Smt. Mamta Bisht, A.G.A present for the State/respondent no.1 Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioners and learned counsel for the State. (2) By means of this petition moved under section 482 of Code of Criminal procedure 1973, the petitioners have sought quashing of the order dated 10.02.2010, passed by Judicial Magistrate, 1st Class, District Champawat, in criminal complaint case no. 87 of 2009, Devki Devi vs. Trilochan joshi and others, relating to offences punishable under section 494, 498A, 506 I.P.C, P.S.Kotwali Champawat, District Champawat. (3) Learned counsel for the petitioners drew attention of this court to the copy of the statement of the complainant recorded under section 200 Cr.P.C, statement of witness NandaBallabh Kapri recorded under section 202 of Cr.P.C and that of Beni Ram recorded under section202 of Cr.P.C by the Magistrate. In the statement of the complainant and that of the witnesses, there is not a single word if any dowry was ever demanded by the petitioners, or if the complainant was ever harassed for non fulfillment of demand of dowry. What has simply been pleaded and stated by the complainant is that after six years of matrimony of petitioner no.1 with complainant Devki Devi, she was left by him in her parental house, and her husband Trilochan Joshi got married to another woman Kavita and started living with her. The witnesses examined under section 202 Cr.P.C have also corroborated only said fact. (4) In the circumstances, this court finds that the impugned order passed by the Judicial Magistrate, Champawat, suffers from no illegality, so far as it relates summoning of the petitioner no.1 Trilochan Joshi to face the trial, in respect of offence punishable under section 494 I.P.C. However, the summoning order, so far as it relates to other offences i.e. 498A and 506 I.P.C, its ingredients are not made out against any of the petitioners. (5) Therefore, this petition, under section 482 of Cr.P.C. is disposed of with the direction that the impugned order dated 10.02.2010, passed in criminal complaint case no. 87 of 2009, so far as it relates to the offences punishable under section 498A and 506 I.P.C is hereby quashed. However, the summoning order suffers from no illegality to the extent the petitioner no.1 Trilochan Joshi is directed to face trial in respect of offence punishable under section 494 of I.P.C. Accordingly, the impugned criminal complaint case may proceed further against the petitioner no.1 Trilochan Joshi, in respect of offence punishable under section 494 of I.P.C. The petition under section 482 of Cr.P.C stands disposed of (Prafulla C. Pant, J.) Dt. 20.4.2010 N.P.