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Judgment
Prafulla C. Pant, J.—By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the proceeding of, State v. Naimuddin and Ors. Criminal Case No. 3322 of 2008, relating to offences punishable under Sections 323, 506, 498A I.P.C., Police Station Haldwani, District Nainital, pending in the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital.
Heard learned Counsel for the Petitioners and learned Counsel for the State.
Learned Counsel for the Petitioners submitted that it is grave abuse of process of law on the part of the complainant (Respondent No. 2) to initiate the criminal proceedings against the Petitioners. In this connection it is pointed out that admittedly marriage between Respondent No. 2 Smt Mehtab Jahan and Naimuddin (Petitioner No. 3) was solemnized on 19.10.1996. It is also clear from the papers on record that admittedly since 16.03.1997, the Respondent No. 2 (Smt. Mehtab Jahan) is living in her parental house though she states that she was ousted by her in laws.
Learned Counsel for the Petitioners submitted that after a period of ten years, the impugned criminal proceedings were initiated by filing the application u/s 156(3) of Cr.P.C., to harass the Petitioners as the complainant (Respondent No. 2) was not happy with the fact that the Petitioner No. 3 was living in a joint family with his brother (Petitioner No. 1) and sister in law (Petitioner No. 2).
Having considered submissions of learned Counsel for the Petitioners, and after going through the copy of the First Information Report, this Court finds that the impugned proceedings are abuse of process of law on the part of Respondent No. 2,who has complained after a period of ten years that she was harassed for demand of dowry in respect of which she made no complaint earlier to any of the authority.
Even the report of the Police Mahila Helpline, copy of which is annexed as Annexure-8 to the present petition, shows that the criminal proceedings have been initiated by the Respondent No. 2 just to harass her in laws.
In the above circumstances, this Court finds it to be a fit matter for quashing the proceedings of the criminal case initiated by Respondent No. 2 against the present Petitioners. Accordingly, the petition u/s 482 of Cr.P.C., is allowed. The proceedings of the Criminal Case No. 3322 of 2008, State v. Naimuddin and Ors., relating to offences punishable under Sections 323, 506, 498A I.P.C., Police Station Haldwani, District Nainital, pending in the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are hereby quashed. The Stay Vacation Application No. 385 of 2010, and Interim Relief Application No. 13 of 2011 also stand disposed of).