IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.651 of 2011 1. Jasdev Singh S/o Jageer Singh 2. Jageer Singh S/o Mala Singh 3. Swarn Kaur W/o Jageer Singh 4. Gurmeet Singh S/o Jageer Singh 5. Gurmej Singh S/o Jageer Singh All are R/o Barki Dandi P.S. Nanak Matta, District Udham Singh Nagar. ….…..Petitioners Versus 1- State of Uttarakhand through Secretary Home Dehradun. 2- Smt. Jaswant Kaur W/o Jasdev Singh, R/o Islam Nagar, P.S. Nanak Matt, District Udham Singh Nagar. ……Respondents Mr. S.C.Bhatt, Advocate, present for the petitioners. Mr. T.C. Agarwal, A.G.A., present for the State. Mr. Pratiroop Pandey, Advocate, present for the respondent No.2 Hon’ble Prafulla C. Pant, J. Heard. 2) By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of proceedings of Criminal Complaint Case No. 1172 of 2011, Jasvinder Kaur Vs. Jaidev Singh and others relating to offences punishable under Section 498A, 323, 504, 506,452 I.P.C., Police Station–Nanak Matta, District Udham Singh Nagar, pending in the court of Additional Judicial Magistrate, Khatima. 3) Brief facts of the case are that respondent No.2 Smt. Jaswant Kaur, said to have got married to the petitioner No.1 Jasdev Singh on 28.04.2010. However, after the marriage their relations said to have been soured. The respondent No.2 has filed a criminal complaint against the petitioners alleging that she was subjected to cruelty for non-fulfillment of demand of dowry. The Magistrate, after recording the statement of the 2 complainant under Section 200 of Cr.P.C., and that of the witnesses under Section 202 of Cr.P.C., summoned the five accused named in the criminal complaint namely Jasdev Singh (husband), Jageer Singh (father-in-law), Smt. Swarn Kaur (mother-in-law), Gurmeet Singh, and Gurmej Singh (sons of Jageer Singh) to face the trial in respect of offences punishable under Section 498A, 323, 504, 506, 452 I.P.C., 4) Learned counsel for the petitioners argued that it is abuse of process of law on the part of the respondent No.2 to implicate the entire family of her husband. It is pointed out that the petitioner No.1 has already filed petition under Section 9 of Hindu Marriage Act, 1955, against his wife before the Judge, Family Court, Udham Singh Nagar. It is also pointed out that petitioner No.5 Gurmej Singh, is a student of Polytechnic College, Nainital, where he appeared in the examination on 23.05.2011 and 25.05.2011. In this connection, attention of this Court is drawn to Annexure No.5 to the petition, which corroborates the fact, as certified by the Principal of the College. 5) In the above circumstances, though, this Court is not inclined to interfere with the trial of the case, against the petitioner no.1 to 4, as the factual pleas of defence can not be examined by this Court in its jurisdiction under Section 482 Cr.P.C., but so far as petitioner no.5 Gurmej Singh is concerned, it appears to be a clear case of abuse of process of law as against him. 6) Therefore, the petition under Section 482 Cr.P.C. is partly allowed. It is directed that the proceedings of impugned Criminal Complaint Case No. 1172 of 2011, Jasvinder Kaur Vs. Jaidev Singh and others relating to offences punishable under Section 498A, 323, 504, 506,452 I.P.C., Police Station–Nanak 3 Matta, District Udham Singh Nagar, pending in the court of Additional Judicial Magistrate, Khatima, are quashed, so far as the same relate to petitioner No.5 Gurmej Singh. However, the trial court may proceed with the trial against the other petitioners. It is clarified that no opinion as to the final merits of the case are expressed by this Court, and it is further directed that all pleas of defence may be taken by the petitioner No.1 to 4 before the trial court. If they are not on bail, their bail application shall be heard and disposed of without unreasonable delay by the trial court on their appearance in the Court. (Prafulla C. Pant, J.) 27.08.2011 JM