IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 1084 of 2010 1. Jeewan Singh S/o Shri Hayat Singh 2. Hayat Singh S/o Late Shri Ratan Singh 3. Smt. Ganga Devi W/o Shri Hayat Singh All R/o Village Babur Khoh Tehsil Ranikhet, District Almora 4. Beena, W/o Shri Memant Singh D/o Shri Hayat Singh R/o C/o Jeewan Singh, Village Babar Khoh Tehsil Ranikhet, District Almora ………..…Petitioners Versus 1. State of Uttarakhand through Secretary Home Dehradun. 2. Smt. Kamla Visht W/o Shri Jeewan Singh' D/o Shri Mohan Singh R/o Village Sirkhai, Post Ganiya Dhauli Tehsil Ranikhet, District Almora ....……Respondents Ms.Neelima Mishra, Advocate, present for the petitioners. Shri M.A. Khan, Brief Holder, present for the respondent no. State. Shri Amish Tiwari, Advocate, present for the complainant. Hon’ble Prafulla C. Pant, J. 2 Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal complaint case no. 263 of 2006, Kamla Visht vs. Jeevan Singh & others, relating to offences punishable under section 498A, 323, 504 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Civil Judge (Jr. Div.)/Judicial Magistrate, Ranikhet. 3. It appears that criminal complaint was filed way back in the year 2006, and impugned summoning order was also passed in the year 2006. This petition has been filed after about four years of passing of summoning order challenging the same. The perusal of the petition shows that factual disputes and plea of innocence has been raised by the petitioners in the case. Such factual disputes can be examined by the trial court after recording the evidence. It is not desirable on the part of this Court to give finding as to the innocence of the petitioners. 4. Therefore, without expressing any opinion as to final merits of the case, this writ petition is dismissed with the observation that the petitioners are at liberty to raise their plea of innocence before the 3 trial court. (Stay application no. 1287 of 2010, stands disposed of). (Prafulla C. Pant, J.) 11.05.2011 Parul