Suraj Singh Pundir and Others vs State of Uttarakhand and Another

V.K. Bist, J.

(Urgency Application No. 450 of 2011)

Heard.

On due consideration, urgency application is allowed.

Criminal Misc. Application No. 96 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. Suraj Singh and Ors. Criminal Case No. 335 of 2010, relating to offence punishable under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, pending in the court of Judicial Magistrate, Roorkee, District-Haridwar.

Learned Counsel for the applicants submitted that applicant No. 1 was married with Bhawana, daughter of Respondent No. 2, according to Hindu rites & custom without any demand of dowry. He submitted that applicant No. 1 husband of Bhawna is working abroad at Central Africa (Kango). He also submitted that after the marriage Bhawna asked the applicant No. 1 to live at her parental house until he came back to India. He also submitted that Bhawna started to live her parental house at Roorkee and when the applicant No. 1, her husband, asked her to shift Africa, she pressurized the applicant No. 1 to leave his services from Africa. He further submitted that applicant No. 1 is still interested to keep his wife Bhawna with him but due to pressure of her parents she refused to live with applicant No. 1.

Having heard learned Counsel for the parties, in the above circumstances, asan interim measure, it is directed that till the next date of listing, furtherproceedings of, State v. Suraj Singh and Ors. Criminal Case No. 335 of 2010,pending in the court of Judicial Magistrate, Roorkee, District-Haridwar shallremain stayed.