CHAND MIYA AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Chand Miya And Others
State of Uttarakhand and another
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(1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicants seek to quash the charge-sheet dated 06.09.2009, summoning order dated 24.09.2009, as well the entire proceedings of criminal case no. 3033 of 2009, State vs Chand Miya and others, pending in the court of Judicial Magistrate, Roorkee, District Haridwar.
(2.) Informant-respondent no. 2 lodged an FIR against the accused-applicants on 08.08.2009, in police station Manglour, Roorkee, under Sections 498-A, 323 of IPC and Section of the Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against the accused persons for the offences punishable under Sections 498-A, 324, 504 of IPC and Section of the Dowry Prohibition Act. Cognizance was taken on said charge-sheet and the accused-applicants were summoned to face the trial. Aggrieved against the same, the accused-applicants moved this application under Section 482 of Cr.P.C.
(3.) On the last occasion an affidavit was filed by the applicant no. 1 (husband of respondent no. 2) to show that the parties have settled their dispute amicably outside the court. Deponent husband further averred that he alongwith his wife (respondent no. 2) are living together. Respondent no. 2 gave birth to a female child in the house of the applicants on 17.09.2013. Although none appeared for respondent no. 2 on 25.09.2003, but today Mr. P.C. Petshali, Advocate has entered appearance for respondent no. 2.;
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