IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 560 of 2005 1. Arun Kala, S/o Shri Amba Dutt Kala 2. Amba Dutt Kala S/o Late Shri Tula Ram Kala 3. Smt. Godambari W/o Shri Amba Dutt Kala 4. Km. Geeta Kala D/o Shri Amba Dutt Kala 5. Bhagwati Prasad Kala S/o Shri Amba Dutt Kala All R/o Village Saliyana Band (Gairsain) District Chamoli …......Petitioners Versus 1. State of Uttaranchal (Uttarakhand) 2. Smt. Rajani W/o Arun Kala R/o at present C/o Narendra Prasad Village Kameda, P.O. Gochar Tehsil Karanprayag District Chamoli ....……Respondents Shri Rajendra Kotiyal, Advocate, present for the petitioners. Shri P.S. Bohara, Brief Holder, 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 (for short Cr.P.C.), the petitioners have sought quashing of the the proceedings of criminal complaint case no. 337 of 2005, Rajani Kala vs. Arun Kala & others, relating to offences punishable under section 498A, 406, 494, 120B IPC, pending in the court of Judicial Magistrate, Karanprayag, District Chamoli. 3. No one is turned up on behalf of the respondent no. 2 even after sufficient service. 4. Brief facts, of the case, are that petitioner no. 1 Arun Kala got married to respondent no. 2 Rajana Kala on 15.10.2002. It is alleged in the criminal complaint challenged before this Court by the complainant that though the customary dowry was given by the father of the complainant but the petitioners were not satisfied with the same, and they demanded ` two lac. It is also alleged that the complainant was harassed by them for non fulfillment of demand of dowry. It is also alleged that the petitioner no. 1 got remarried to another woman (name not disclosed). The trial court summoned the petitioners to face the trial in respect of offences punishable under section 120B, 498A, 494 IPC. 3 5. Learned counsel for the petitioners submitted that due to the matrimonial discord between the respondent no. 2 Rajani Kala and petitioner no. 1 Arun Kala, false criminal complaint has been filed by the respondent no. 2 not only against the petitioner no. 1 Arun Kala but also against his father Amba Dutt Kala, mother Godambari, sister Km. Geeta Kala, and brother Bhagwati Prasad Kala . 6. Learned counsel for the petitioners pointed out that in compliance of order dated 31.08.2005, passed by this Court the parties to matrimony were called before the Marriage Counseling Cell, and Marriage Counseling Cell has reported that it is not a case of demand of dowry rather it is a criminal case filed due to matrimonial discord between the husband and wife. Copy of said report is annexed as Annex. 2 to the affidavit dated 14.07.2010, filed by petitioner no. 2 Amba Dutt Kala. Said report supports the contention of learned counsel for the petitioners that the criminal complaint is filed only to harass the petitioners. 7. Apart from this, copy of judgment and order dated 29.11.2006, passed by Civil Judge (Sr. Div.), Chamoli, in matrimonial suit no. 13 of 2006, copy of which is annexed as Annex. 3 to the aforesaid 4 affidavit shows that during pendency of this petition , marriage between Arun Kala and Rajani Kala has already been dissolved by a decree of divorce. No counter affidavit has been filed on behalf of the respondent no. 2 to contradict the averements made in the petition. 8. For the reasons as discussed above, this Court comes to the conclusion that the impugned proceedings are nothing but it is abuse of process of law. Therefore, the petition under section 482 Cr.P.C., is allowed. Proceedings of criminal case no. 337 of 2005, Rajani Kala vs. Arun Kala & others, relating to offences punishable under section 498A, 406, 494, 120B IPC, pending in the court of Judicial Magistrate, Karanprayag, District Chamoli, are hereby quashed. (Prafulla C. Pant, J.) Parul 24.06.2011