IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 177 of 2011 1. Smt Saraswati Pathak W/o Shri Prem Narayan Pathak 2. Prem Narayan Pathak S/o Late Shri Atma Ram Pathak @ Ram Swaroop Pathak 3. Sushil Pathak S/o Shri Prem Narayan Pathak 4. Punit Pathak S/o Shri Prem Narayan Pathak All R/o Ambika Bihar Phase IInd Post office Bhotiya Padav Haldwani District Nainital ……………….Applicants Versus 1. State of Uttarakhand through Secretary Home Affairs 2. R.K.Bhardwaj S/o Late Shri Kailash Chandra Bhardwaj R/o Vikas Colony Haldwani, District Nainital ………….....Respondents Shri G.C.Lakhchaura, Advocate, holding brief of Shri Himanshu Sinha, Advocate, present for the petitioner Shri T.C.Aggarwal, A.G.A, present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2 (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 Case No. 806 of 2010, State vs. Punit Pathak and others, relating to offences punishable under section 498A, 506, 306/511 and 406 I.P.C, and one punishable under section ¾ of Dowry Prohibition Act, 1961. (3) Brief facts of the case are that petitioner no.4 Punit Pathak got married to Shweta Pathak (daughter of complainant/respondent no.2) on 06.12.2008 at Haldwani. It appears that there was some matrimonial discord between the two, and daughter of the complainant left her matrimonial house. The petitioner no.4 Punit Pathak filed an application under section 10 of Hindu Marriage Act, 1955, for decree of judicial separation before the Judge Family Court, Nainital whereafter some reconciliation efforts were made, but daughter of respondent no.2 in an attempt to commit suicide took some poisonous substance. (4) Thereafter, the First Information Report is lodged by respondent no.2 relating to dowry 3 harassment and abetment to commit suicide. After investigation the Investigating Officer has submitted the charge sheet against the petitioners. (5) Earlier also petition under section 482 of Cr.P.C., was moved by the petitioners which was dismissed by this court on 07.10.2010. (6) Having considered submissions of learned counsel for the petitioners, and learned counsel for the State, and after going through the papers on record, this court is not inclined to interfere with the trial of the case. 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 Saraswati Pathak, Prem Narayan, Sushil Pathak and Punit Pathak surrendered before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.23.02.2011 N.P 4