Decided on June 21,2012

Naveen Marwaha And Another Appellant
State of Uttarakhand and another Respondents


- (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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