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2016 DIGILAW 321 (UTT)

SATYAVEER SINGH CHAUDHARY v. STATE OF UTTARAKHAND

2016-07-08

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. In this case, an application under Section 156(3) of Cr.P.C. was moved by opposite party – Smt. Itisha Chaudhary before the court concerned against the applicants with an allegation of demand of dowry, torture etc. Thereafter, the learned Magistrate called a report from the police station concerned and subsequently, after recording the statement of the complainant under Section 200 of Cr.P.C. and witnesses under Section 202 of Cr.P.C. a criminal complaint case No. 572 of 2016 has been registered, which is pending in the Court of Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar. Consequently, the learned Magistrate has taken cognizance against the present applicants and issued summons. Hence the present application under Section 482 Cr.P.C. has been filed invoking the inherent jurisdiction of this Court. 2. In this case, present applicant No. 3 – Mayank Chaudhary married with complainant/opposite party – Smt. Itisha Chaudhary as per Hindu rites and ceremonies on 01.05.2014. Thereafter some matrimonial discord arose between them, which resulted in filing a case against the present applicants. The other applicants are the family members of the husband/applicant No. 3. 3. Prima facie since the present case appears to be a matrimonial dispute and there may be still chances of reconciliation, therefore, an interference of this Court is being made in the matter. 4. Further proceedings of Criminal Complaint Case No. 572 of 2016, under Sections 498A/323 of I.P.C. and Section 4 of Dowry Prohibition Act pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar shall remain stayed till the next date of listing. 5. Issue notice to the respondent. Steps to be taken within a week. 6. The respondent shall file counter affidavit within a period of three weeks. 7. List this matter on 09.08.2016 in a daily cause list.