DARSHAN KAUR AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-9-37
HIGH COURT OF UTTARAKHAND
Decided on September 25,2013

Darshan Kaur And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) The applicants, by means of present application / petition under Section 482 of Criminal Procedure Code seek to quash the impugned order dated 29.09.2010, passed in criminal case no. 887 of 2010 in respect of offences punishable under Section 498A of Indian Penal Code and Section of the Dowry Prohibition Act, as well as the proceedings of the aforesaid criminal case, pending in the court of Addl. Chief Judicial Magistrate, Haridwar.
(2.) Respondent no. 2 lodged an FIR against four accused persons, including the applicants, at police station Ranipur, District Haridwar on 11.08.2010, which was registered as case crime no. 298 of 2010, under Section 498A of Indian Penal Code and Section of the Dowry Prohibition Act. After the investigation, charge-sheet was submitted against all the four accused persons for the selfsame offences. Cognizance was taken by the learned Magistrate and accused persons, including the applicants, were summoned to face the trial. Aggrieved against the same, present application under Section 482 of Criminal Procedure Code was moved by the mother-in-law and sister-in-law of respondent no. 2.
(3.) Learned counsel for the applicants drew attention of this Court towards the judgment rendered by learned Civil Judge (Junior Division), Haridwar in Original Suit no. 155 of 2009 between Gurudev Singh, Smt. Darshan Kaur and Gurmeet Kaur, on the one hand, and Indrapal Singh, on the other. The suit was filed by the plaintiffs Gurudev Singh and two others against Indrapal Singh for declaration. The suit was decreed on 14.05.2010. A declaration was given by learned Civil Judge (Junior Division), Haridwar to the effect that the defendant has been right upon the disputed property, detailed and specified in the plaint. A declaration was also made in favour of the plaintiffs that they have no connection with the defendant.;


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