Uttarakhand High Court
C482/1257/2010 of SMT. FATI AND ANR Vs SMT. TARANNUM JAHAN on 31 December 2010
of 2010 Hon'ble Prafulla C. Pant, J. Shri Manish Arora, Advocate, present for the petitioners Shri S.S.Adhikari, A.G.A, present for the State. Heard. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C), the petitioners have challenged the
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Arguments
C482 No. 1257 of 2010
'Honble Prafulla C. Pant, J.
Shri Manish Arora, Advocate, present for the petitioners Shri S.S.Adhikari, A.G.A, present for the State.
Heard.
By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C), the petitioners have challenged the proceedings of Criminal complaint Case No. 2017 of 2010, Smt Tarannum vs Rizwan and others, relating tooffences punishable under section 498A I.P.C., and one punishable under section ¾ Dowry Prohibition Act, 1961, P.S.Gangnahar, pending in the court of IInd Additional Civil Judge(J.D.)/ Judicial Magistrate, Roorkee.
Learned counsel for the petitioners submitted that the respondent was already divorced by the son of the petitioner no.1, and thereafter the petitioner's son got married to another woman and has children through her. It is pleaded that the impugned criminal complaint case is nothing but harassment of the petitioner.
Since the plea taken in the petition are factual in nature which requires examination whether the respondent/complainant was divorced or not,this court is not inclined to interfere with the proceedings of criminal complaint case.
Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C., is dismissed with the observations that if the petitioners Smt Fati and Khurshid surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay.
(P.C.P., J.)