IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C 482 Criminal Misc. Application No. 871 of 2008 Satish Kumar Mahrotra and others. …..…Applicants. Versus State of Uttarakhand and another. …….Respondents. Hon’ble Alok Singh, J. Mr. R.K.S. Verma, learned counsel for the applicants. Mr. B.S. Parihar, learned Brief Holder for the State of Uttarakhand / respondent no. 1. Mr. I.S. Mehra, learned counsel for the respondent no. 2. Learned counsel for the applicant argued that from the contents of First Information Report and material collected by the Investigating Officer offence under section 498A and 323 IPC is not made out. He has further stated that there is no allegation in the First Information Report about the assault on the informant or cruelty or demand of dowry from the informant or from her parent. I have perused the First Information Report (annexure no. 1 to the petition). Contents of the First Information Report suggest that First Information Report was lodged because in-laws of respondent no. 2 refused to give address of her husband, who is settled in USA. It is 2 further mentioned in the First Information Report that father-in-law and brother-in-law of the informant are planning to go to USA. The only allegation is against the mother-in-law that when on 15.08.2008 informant reached Gaziabad then she was denied entry in the house and her mother-in-law said how many rupees she was carrying. There is no whisper that any demand of dowry was ever made and informant was subjected to any cruelty. Mr. B.S. Parihar, learned Brief Holder appearing for the State fairly stated that from the contents of First Information Report and material collected by Investigating Officer no case under sections 498A and 323 IPC is made out. Mr. I. S. Mehra, learned counsel for the respondent no. 2 argued that prior to First Information Report in question one letter was sent to DIG and in that letter all allegations pertaining to cruelty and demand of dowry were made. Having heard learned counsels for the parties, I am of the view that letter sent prior to the First Information Report has no relevance because neither Investigating Officer nor Court while taking cognizance has taken any reference of the letter sent to DIG. Since the contents of First Information Report and material collected by Investigating Officer suggest no ingredient of section 498A and 323 IPC, hence, keeping trial alive would be futile exercise and would amount to abuse of process of law. 3 In view of the above, proceedings in criminal case no. 2440 of 2008 pending in the Court of Chief Judicial Magistrate, CBI, Dehradun is quashed. Petition / application stands disposed of. No order as to costs. (Alok Singh, J.) 25.11.2009 SKS