IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 47 of 2005 Ramesh Chandra Verma & others … Applicants Vs State of Uttaranchal & another … Opposite Parties Hon’ble B.C. Kandpal, J. List has been revised. None has appeared on behalf of the petitioners/applicants before the Court to argue the case. Sri S.S. Adhikari, learned A.G.A. for the State/respondent No. 1 is present before the Court. 2. Heard Sri S.S. Adhikari, learned A.G.A. for the State and perused the record. 3. This petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the proceedings of Criminal Case No. 536 of 2003, Smt. Renu Verma Vs Sharad Verma & others, under Sections 498A of I.P.C. and 3/4 Dowry Prohibition Act pending in the court of Judicial Magistrate, Kashipur, District Udham Singh Nagar. 4. Having considered the submission advanced by learned A.G.A. for the State and perusing the documents available before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. The evidences are incomplete and hazy as yet. This Court while exercising the jurisdiction under Section 482 Cr.P.C. is not supposed to act as a trial judge. The averments made in the petition are the disputed question of fact, which can be assessed and judged by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence at this stage. Any judgment rendered by me would 2 amount to premature judgment where the evidence is still incomplete and hazy. The applicants shall have an opportunity to place the evidence in their defence before the trial court where the matter shall be finally adjudicated after considering the entire evidence. I do not find any merit in this case at this stage. 5. Accordingly, the petition filed under Section 482 Cr.P.C. is dismissed. 6. Consequently, the stay order dated 27.01.2005 stands vacated. 17.05.2010 ASWAL (B.C. Kandpal, J.)