HIGH COURT OF UTTARANCHAL AT NAINITAL Criminal Misc. Application No. 786 of 2006 1. Shahid Khan s/o Sri Chandan Khan 2. Chandan Khan s/o Sri Muchnu Khan 3. Smt. Jahan Aara w/o Sri Chandan Khan All residents of Ward No., 5/17 Nai Basti Kiccha, District Udham Singh Nagar 4. Mohammad Yakub s/o Sri Mustafa Khan r/o Sili Jagir Police Station Baheri, District Bareilly, U.P. ………… Applicants Versus 1. State of Uttaranchal 2. Smt. Gul Bhahar w/o Sri Sahid Khan r/o Line par Sanjay Nagar, Hathi Khana, Lal Kuan, District Nainital ........ Respondents Dated: 22.11.2006 Hon’ble Rajesh Tandon, J. Heard Sri B.D. Bisen counsel for the applicants and learned A.G.A. for the respondent no. 1 and Sri I.S. Mehra, Advocate for the respondent no. 2. By the present application under section 482 Cr.P.C. the applicants have prayed for quashing the proceedings of criminal case No. 545 of 2006 Gul Bhara vs. Sahid Khan and others, under section 498-A, 323, 406, 504, 506 I.P.C and section ¾ of Dowry Prohibition Act. Briefly stated the opposite party no. 2 Smt. Gulbahar was married to the applicant no. 1 Sri Shahid Khan according to Muslim rites on 25th June 2004. The opposite party no. 2 at present is living in her parents’ house. She filed a criminal case 2 No. 545 of 2006 under section 498A, 323, 406, 504 and 506 I.P.C. and under Sec ¾ of Dowry Prohibition Act, against the present applicants. So far as the instant petition under section 482 Cr.P.C. is concerned no interference can be made under section 482 Cr.P.C. as both the parties will be at liberty to lead the evidence in view of the observations made by the Apex Court in the case Medchl Chemicals and Pharma (P) Ltd. Vs. Biological E. Ltd. And others (2003) 3 SCC 269. Since the trial has to take place for the offences under aforesaid sections, therefore, without expressing any opinion on the merits of case, I direct the applicants to appear before the Magistrate concerned within 15 days of passing of this order and if they do so, the court will permit them to file appearance bonds to the satisfaction of the Magistrate concerned for their regular appearance in the case. The parties have submitted that before preceding with the criminal case an attempt may be made for reconciliation. The Magistrate concerned is, therefore, directed to give opportunity to the parties for reconciliation. Subject to the observations made above, application under Section 482 Cr.P.C. is disposed of. Dated: 22.11.2006 Rajesh Tandon, J. *Dhyani