IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 1026 Of 2011 1. Smt Paramjeet Kaur W/o Sri Didar Singh and Dara Singh R/o Dhakiya No. 3 Kashipur District Udham Singh Nagar 2. Sarvan Singh @ Banti S/o Sri Iqbal Singh 3. Smt Gurupreet Kaur W/o Shri Sarvan Singh Applicant no 2 & 3 are R/o Staff Quarter, 9 Punjab Amritsar Pin-911901, C/o 56 APO ………………..Applicants Versus 1. State of Uttarakhand through Secretary Home Affairs 2. Smt Harwinder Kaur W/o Gurlal Singh D/o Sukhvan Singh R/o Ward No.6 Sitar Ganj Districr Udham Singh Nagar …….Opposite Parties Shri G.C.Lakhchaura, Advocate present for the petitioners Shri T.C.Aggarwal, Additional G.A., present for the State Hon’ble Prafulla C. Pant, J. 2 Heard. 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 Case No. 1180 of 2011, State vs. Gurlal Singh and others, relating to offences punishable under section 498A, 323, 504 and 506 I.P.C, and one punishable under section ¾ of Dowry Prohibition Act, 1961, Police Station Sitar Ganj, pending in the court of Additional Judicial Magistrate, Khatima. (2) Learned counsel for the petitioners pleaded that the petitioners are innocent and they have been falsely implicated due to the matrimonial discord between the complainant Harwinder Kaur and her husband Gurlal Singh. Petitioners are married brother in law and sisters in law. (3) Having considered submissions of learned counsel for the petitioners, and learned counsel for the state, and after going through the papers 3 on record, this court is of the view that petitioners have raised factual plea of innocence which can not be examined by this court in its jurisdiction under section 482 of Cr.P.C. It is for the trial to examine the same during trial. (4) Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C., is dismissed summarily with the observation that if the petitioners namely Smt. Paramjeet Kaur, Sarvan Singh @ Banti and Smt. Gurupreet Kaur surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay, keeping in mind that petitioner no. 1 and 3 are women, and petitioner no.2 is active member of Armed Forces, and it is pleaded that the three are implicated only because they are relatives of husband of the complainant. (Prafulla C. Pant, J.) Dt.11.11.2011 N.P 4