NAVEEN MARWAHA & ANOTHER Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Naveen Marwaha And Another
State of Uttarakhand and another
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(1.) By means of this petition, the prayer has been
made to quash the order of cognizance dated 19.2.2007
passed in Criminal Case No. 645/2006, State v. Naveen
Marwaha & Another. Learned Judicial Magistrate, Roorkee
passed the said impugned order upon the chargesheet
submitted by the police against Naveen Marwaha (husband)
and Smt. Kamlesh Marwaha (mother-in-law) for the offences
under Section 498A, 323, 504 IPC read with Section 3/4
Dowry Prohibition Act.
(2.) Brief facts of the case are that marriage of Smt.
Deepali Gulati was solemnized with Naveen Marwaha on
11.10.2005 in Roorkee. The relations between the couple
soon became estranged after lapse of few months. So, Smt.
Deepali Gulati was constrained to leave her matrimonial
house and began to reside with her parents at Ram Nagar,
Roorkee, District Haridwar. She subsequently lodged a
report on 24.6.2006 raising several allegations against the
applicants regarding their atrocious conduct and demand of
dowry. Investigation culminated into submission of
chargesheet, which has engendered the impugned criminal
case as aforementioned. Several other litigations were also
launched in various courts by each one of them. Ultimately, 2
a compromise was filed on 12.10.2006 between the
husband and wife. After filing the compromise, the
chargesheet was filed by the police on 31.10.2006 on the
basis of the said FIR.
(3.) Meanwhile, in the case no. 40/2006, filed by
Smt. Deepali Gulati against her husband Naveen Marwaha
under Section 125 CrPC, the compromise was filed after
receiving rupees three lakhs fifty thousand as a permanent
alumni and in that compromise it was stated that both
parties will not pursue any of the litigations which are
pending in the courts against each other. She acknowledged
the receipt of her entire stridhan and other articles.
Besides, Annexure No. 4 filed with the petition is a copy of
decree of divorce i.e. annulment of marriage between the
two and that is also on the basis of a compromise.;
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