Karun Goswamy and Others vs State of Uttarakhand and Another

V.K. Bist, J.

(Urgency Application No. 458 of 2011)

Heard.

On due consideration, urgency application is allowed.

Criminal Misc. Application No. 97 of 2011

Heard.

Admit.

Issue notice to Respondent No. 2 returnable at an early date.

Learned AGA prays for and is granted three weeks time to file counter affidavit.

List after three weeks.

By means of this petition, the applicants have sought quashing of proceedings of, State v. Karun Goswamy and Ors. Criminal Case No. 154 of 2011 relating to offence punishable under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, pending in the court of Judicial Magistrate, I Class Roorkee, District-Haridwar. 6 Learned Counsel for the applicants submitted that that applicant No. 2 is the father of applicant No. 1 and applicant No. 3 is the wife of applicant No. 2 (mother of applicant No. 1). Applicant Nos. 4 and 5 are the bother and sister of applicant No. 1. He submitted that applicant No. 1 and daughter of Respondent No. 2 named Preeti got married on 03.07.2010 according to Hindu custom and rites. After marriage they were living in joint family. But after some time wife of applicant No. 1 refused to live in joint family and compelled the applicant No. 1 to live separately. But applicant No. 1 refused to do so. He submitted that applicant No. 1 refused to live separately due to this reason Preeti, wife of applicant No. 1 became cruel toward her in laws. He further submitted that applicant No. 1 (husband of Preeti) is 21 years old and he is totally dependent on applicant No. 1-(his father). He also submitted that applicant No. 2 is serving in a private company as a supervisor, therefore, the liability of the whole family is on applicant No. 1. He further submitted that applicant No. 1 is ready to keep his wife Preeti with him but due to pressure of her parents, she is refusing to live with applicant No. 1.

Having heard learned Counsel for the parties, in the above circumstances, as an interim measure, it is directed that till the next date of listing, further proceedings of Criminal Case No. 154 of 2011, pending in the court of Judicial Magistrate I, Roorkee District Haridwar shall remain stayed.