Home > 498A > HC: 498A stayed on the ground that it is love marriage, solemnized in Temple !!!

HC: 498A stayed on the ground that it is love marriage, solemnized in Temple !!!

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 461 of 2011

1. Smt Laxmi Rai

W/o Indra Bahadur Rai

R/o Village Jaintwala, New Basti P.O Ghangora, Dehradun

2. Pushp Kala Rai

D/o Indra Bahadur Rai

R/o Village Jaintwala, New Basti P.O Ghangora, Dehradun

..Applicants

Versus

State of Uttarakhand & another

.Opposite parties

Shri Neeraj Garg, Advocate, present for the petitioners Shri P.S.Bohara, Breif Holder, present for the State.

Hon’ble Prafulla C. Pant, J.

Heard.

(2) By means of this petition, moved under section 482 of Code of Criminal Procedure,1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 2912 of 2010, State vs. Yogendra Kumar Rai and others, relating to offences punishable under section 498A, 506 I.P.C, Police Station Cantt, Sadar, pending in the court of Chief Judicial Magistrate, Dehradun.

2

(3) Learned counsel for the petitioners submitted that petitioners are mother in law and sister in law of the complainant (respondent no.3). It is pleaded that respondent no.3 got married to the son of petitioner no.1, after they developed friendship with each other in Dehradun. It is also submitted that marriage between the respondent no.3 and son of the petitioner no.1 was love marriage which was solemnized in a Temple. It is contended that there was no question of demand of dowry in such case. The marriage was registered with the Registrar Hindu Marriage. Copy of certificate is annexed as Annexure 2 to the petition. Learned counsel for the petitioners argued that it is abuse of process of law on the part of the complainant to implicate the petitioners in the above circumstances, in a criminal case.

(4) Admit the petition.

(5) Learned counsel for the respondent no.1 and 2 prays for and is allowed six weeks time to file the counter affidavit.

(6) Issue notices to respondent no.3 Mamta Thapa, who may also file her counter affidavit within a period 3

of six weeks.

(7) Having considered submissions of learned counsel for the petitioner, and learned counsel for the State, and after going through the papers on record, as an interim measure it is directed that further proceedings in criminal complaint case no. . 2912 of 2010, State vs. Yogendra Kumar Rai and others, relating to offences punishable under section 498A, 506 I.P.C, Police Station Cantt, Sadar, pending in the court of Chief Judicial Magistrate, Dehradun, are stayed till the next date of listing.

(8) List after six weeks.

(Prafulla C. Pant, J.)

Dt.26.05.2011

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