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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure,1973, the Petitioners have sought quashing of the proceedings of Criminal Case No. 2912 of 2010, State v. Yogendra Kumar Rai and Ors., relating to offences punishable u/s 498A, 506 I.P.C, Police Station Cantt, Sadar, pending in the court of Chief Judicial Magistrate, Dehradun.
Learned Counsel for the Petitioners submitted that Petitioners are mother in law and sister in law of the complainant (Respondent No. 3). It is pleaded that Respondent No. 3 got married to the son of Petitioner No. 1, after they developed friendship with each other in Dehradun. It is also submitted that marriage between the Respondent No. 3 and son of the Petitioner No. 1 was love marriage which was solemnized in a Temple. It is contended that there was no question of demand of dowry in such case. The marriage was registered with the Registrar Hindu Marriage. Copy of certificate is annexed as Annexure 2 to the petition. Learned Counsel for the Petitioners argued that it is abuse of process of law on the part of the complainant to implicate the Petitioners in the above circumstances, in a criminal case.
Admit the petition.
Learned Counsel for the Respondent No. 1 and 2 prays for and is allowed six weeks time to file the counter affidavit.
Issue notices to Respondent No. 3 Mamta Thapa, who may also file her counter affidavit within a period of six weeks.
7 Having considered submissions of learned Counsel for the Petitioner, and learned Counsel for the State, and after going through the papers on record, as an interim measure it is directed that further proceedings in Criminal Complaint Case No. 2912 of 2010, State v. Yogendra Kumar Rai and Ors., relating to offences punishable u/s 498A, 506 I.P.C, Police Station Cantt, Sadar, pending in the court of Chief Judicial Magistrate, Dehradun, are stayed till the next date of listing.
List after six weeks.