Ram Chandra, Pankaj and Amrish vs Lal Singh

Prafulla C. Pant, J.—Heard

By means of the this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of criminal complaint case no 161 of 2010, Lal Singh v. Ram Chandra Kalyani and Ors., relating to offences punishable u/s 323, 324, 504, 506 of 34 I.P.C.

Learned Counsel for the petitioners submitted that the daughter of the petitioner No. 1 got married to the son of the respondent Lal Singh. It is pleaded that First Information Report was lodged on 09.03.2008 by Smt Vimla (wife of petitioner No. 1) against the respondent Lal Singh and others, relating to offences punishable u/s 498A, 323, 504, 506 I.P.C and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, in district Muzaffarnagar. It is contended on behalf of the petitioners that as a counter blast, the respondent Lal Singh got First Information Report lodged on 06.05.2008, in which after investigation final report was submitted. However, on the protest petition the Magistrate after recording statements u/s 200 and 202 of Cr.P.C summoned the accused (present petitioners). It is submitted that it is abuse of process of law on the part of the respondent.

Admit the petition.

Learned Counsel for the respondent prays for and is allowed four weeks time to file the counter affidavit. Meanwhile, as an interim measure, in the above circumstances, it is directed that the proceedings of the criminal complaint case No. 161 of 2010, Lal Singh v. Ram Chandra Kalyani and Ors., relating to offences punishable u/s 323, 324, 452, 506/34 I.P.C, pending in the court of Judicial Magistrate, Laksar District Haridwar, shall remain stayed until further orders of this Court.

List after four weeks.