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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, (for short Cr.P.C) the petitioners have sought quashing of the proceedings of criminal case No. 5852 of 2010, State v. Amit Kumar and Ors. relating to offences punishable u/s 323, 504, 506, 498A I.P.C., Police Station Vasant Vihar, pending in the court of Additional Chief Judicial Magistrate, III, Dehradun.
Learned Counsel for the petitioners submitted petitioner No. 1 is mother in law, petitioner No. 2 Preeti and petitioner No. 3 Priyanka and petitioner No. 4 Puja are the sisters in law of the complainant Pragati Deshwal (respondent No. 2). It is further pointed out that petitioner No. 3 and 4 are minors. It is further submitted that on behalf of the petitioners that even the cousin maternal uncle Rajendra Singh and brother in law Krishna Pal Singh (NANDOI) who live separately from the matrimonial house of the complainant, are not spared by her. It is argued that it is abuse of process of law on the part of the complainant to implicate all the family members, in the case of dowry harassment,
Admit the petition.
Learned Counsel for the State prays for and is allowed six weeks time to file the counter affidavit.
Issue notices to respondent No. 2 Pragati Deshwal, who may file her counter affidavit within a period of six weeks. Having considered submissions of learned Counsel for the petitioners and learned Counsel for the State, as an interim measure, in the above circumstances, it is directed that further proceedings of the criminal case No. 5852 of 2010 State v. Amit Kumar and Ors. relating to offences punishable u/s 323, 504, 506, 498A I.P.C., Police Station Vasant Vihar, pending in the court of Additional Chief Judicial Magistrate, III, Dehradun are stayed until further orders of this Court.
List after six weeks.