High CourtsSingle Bench(2011) 08 UK CK 0132

Ms. Anu vs State of Uttarakhand and Sushil Kumar Gupta

Uttarakhand High Court · Decided on 2 August 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Application (C482) No. 690 of 2011

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 245 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure), the Petitioner has sought quashing of the proceedings of criminal complaint case No. 122 of 2007, Sushil Kumar v. Prashant Mittal, relating to offences punishable u/s 498A, 406 Indian Penal Code, 1860, 2 and one punishable u/s 3/4 Dowry Prohibition Act, 1961, pending in the court of Chief Chief Judicial Magistrate, Haridwar.

3.Learned Counsel for the Petitioner submitted that Petitioner is married sister-in-law of the daughter of the complainant Sushil Kumar (Respondent No. 2). It is further submitted that it is abuse of process of law to drag her in the criminal proceedings in dowry harassment case particularly when she lives far away from the house of the husband of the complainant''s daughter.

4.

No doubt it cannot be denied that there might be false implication of the Petitioner Ms. Anu, who is resident of District Karnaal in Haryana. Admittedly, she is sister-in-law (married NANAD) of the daughter of the complainant. However, considering the fact that the criminal complaint case relates to the year 2002, when the accused were summoned, this Court is not inclined to interfere with the trial of the case after a period of nine years, and stay the same.

5.

In the above circumstances, without expressing any opinion as to final merits of the case, the petition u/s 482 Code of Criminal Procedure is dismissed summarily.