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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 that petitioner No. 1 is cousin maternal uncle of the husband of the complainant. Petitioner No. 2 is brother-in-law who is posted in Gujarat (serving in the air force) and petitioner No. 3 Smt. Amita is married sister-in-law of the complainant who lives separately from the matrimonial house of the complainant. Learned Counsel for the petitioners contended that it is abuse of process of law on the part of the complainant Smt. Pragati Deshwal to implicate all the family members in the dowry harassment case, due to her matrimonial discord with her husband. It is pointed out that even the three minor sisters of the husband are not spared, and they too are named in, and charge sheeted.
Admit the petition.
Issue notices to respondent No. 2 Pragati Dehswal, 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, in the above circumstances, as an interim measure, 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.