Khushal & others vs State of Uttarakhand & another

Mr. R.P. Nautiyal, Senior Advocate assisted by Ms. Varsha Sharma, Advocate present for the applicants.

Ms. Mamta Joshi, Brief Holder, present for the State/respondent no. 1.

Mr. Gaurav Singh, Advocate present for respondent no. 2.

An FIR has been lodged by respondent no. 2 against the present applicants, which has been registered as Case Crime No. 79 of 2013 under

Sections 498-A/323/504 and 304-B and 3/4 of the Dowry Prohibition Act, at ROP Dakpathar, Police Station Vikas Nagar, District Dehradun.

After investigation, police submitted the charge-sheet against the present applicants. Consequently, the learned Magistrate took cognizance in the

matter and issued summons to the present applicants. Hence, the present application under Section 482 of CrPC before this Court.

Applicant no. 1 is the brother-in-law and applicant no. 2 is the mother-in-law of the deceased and applicant no. 3 is the wife of applicant no. 1.

Learned Senior Counsel for the applicants submits that the applicants are not the main accused.

However, considering the overall facts and circumstances of the case and the fact that charge-sheet has been filed in the matter in the year 2013,

it would not be appropriate for this Court to interfere in the matter at this stage.

Consequently, no interference is being called for by this Court in the matter. The application filed under Section 482 of CrPC stands dismissed.

Let the applicants appear before the court concerned where they would be at liberty to move an application for their discharge at an appropriate

stage in accordance with law. Meanwhile, when the applicants appear before the court concerned, the bail application of the applicants shall be

considered preferably on the same day itself in accordance with law.

Interim order dated 15.10.2014 stands vacated.