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Judgment
Prafulla C. Pant, J.—This is delay condonation application No. 1115 of 2011, for condonation of delay in filing restoration application MCRC No. 697 of 2011.
Heard and perused the affidavit.
Delay condonation application No. 1115 of 2011, is allowed. Delay in filing restoration application is condoned.
Also heard on restoration application MCRC No. 697 of 2011, and perused the affidavit.
The restoration application No. 697 of 2011, is allowed on the condition that the petition restored shall be heard on merits today. (Reference - Madhumilan Syntex Ltd. and Ors. v. Union of India and Anr.AIR 2007 SCW 1971) The criminal misc. application (C482 ) No. 572 of 2011, stands restored.
Heard on restored petition.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, the Petitioners have sought quashing of proceedings of criminal case No. 990 of 2010, %. relating to offences punishable u/s 498A, 506 of I.P.C., and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Ranipur, District Haridwar.
Learned Counsel for the Petitioners pleaded that vague allegations have been made in the First Information Report regarding cruelty and demand of dowry. On the other hand, learned Counsel for the complainant drew attention of this Court to the counter affidavit filed on behalf of the Respondent No. 4 and pleaded that Respondent No. 4 was continuously subjected to harassment due to non fulfillment of demand of dowry.
In the above circumstances, it appears that there are disputed questions of fact, which cannot be examined by this Court in its jurisdiction u/s 482 of Code of Criminal Procedure It is desirable for the trial court to examine such issues after recording the evidence.
Therefore, without expressing any opinion as to final merits of the case pending in the trial court, the petition u/s 482 of Code of Criminal Procedure is dismissed with the observation that if the Petitioners Rabiya Begum and Khurshed Anwar, surrender before the court concerned their bail application shall be heard and disposed of without unreasonable delay.