IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 734of 2008 Arvind Chauhan S/o Jawahar Singh Chauhan R/o Village Marlou Khatseli Tehsil Kalsi District Dehradun At present posted at Sewayojan Officer IIT, Roorkee District Haridwar. ………Petitioner . Versus 1. State of Uttaranchal through Secretary Home, Dehradun. 2. Amita Chauhan D/o Kishan Singh Chauhan R/o Cannal Road Jeewangarh At present R/o TL III 18 Lakwhara Colony Dakpatthar, District Dehradun. …………….Respondents. Shri Parikshit Saini, Advocate for the petitioner. Shri Prabhakar Joshi, Brief Holder for respondent No. 1. Shri R.P. Nautiyal, Advocate for respondent No. 2. Hon’ble Prafulla C. Pant, J. 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 criminal complaint case No. 1450/2008 State Vs. Arvind Chauhan and others (arising out of case crime no.111 of 2008) relating to offence punishable under Sections 498A, 504, 506 of IPC and one punishable under section ¾ of Dowry Prohibition Act, 1961 P.S.-Kotwali Vikasnagar District Dehradun pending in the Court of Judicial Magistrate, Vikasnagar, Dehradun. 2. Heard Learned Counsel for the parties and perused the affidavits. 2 3. Brief facts of the case are that petitioner Arvind Chauhan got married with respondent no.2 Amita Chauhan on 12.10.2005 according to Jonsari tribal rites. However, after sometime the relation between the parties to the marriage got soured. It is pleaded by petitioner that thereafter the parties entered into ‘CHHOOT’ (a kind of divorce) as prevalent in the Jonsari community. It is stated that such ‘CHHOOT’ was entered on 02.09.2007. Thereafter, brother of the complainant took back Rs.14,450/- relating to the stridhan of respondent no.2. It is also pleaded in the petition under section 482 of Cr.P.C. that on 18.07.2008 respondent no.2 lodged the First Information Report making the allegations that petitioner had demanded dowry of Rs.1.00 lac and complainant was harassed. On its basis criminal proceedings were initiated which resulted in filing the chargesheet in question. It is also pleaded that in fact, chargesheet has been filed under pressure by I.O. and allegations made in the first information report are false. 4. Whether allegations made are false or not, whether the custom of ‘CHHOOT’ (a kind of divorce) is prevalent in the community of Jonsari tribal or not and whether any such Jonsari custom is actually entered into by the parties or not, are the questions of the fact which can be examined by trial court. It is not proper on the part of this Court 3 to decide such issues in its jurisdiction under section 482 Cr.P.C. 5. Therefore, without examining any point, this court is of the view that this is not a fit case to interfere with the trial in question. Accordingly, petition under section 482 Cr.P.C. is dismissed. Interim order dated 19.11.2008 is hereby vacated. (Prafulla C. Pant, J.) Dt:11.03.2010 JKJ