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2018 Supreme(UK) 93

V.K.BIST
Ashutosh Gautam – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Birendra Singh Adhikari.
For the Respondent: Mrs. Mamta Joshi.

JUDGMENT :

1. This C482 petition has been filed by the petitioners for quashing the impugned order dated 06.03.2018 (Annexure-9) passed by Additional Chief Judicial Magistrate Roorkee, Haridwar in Criminal Case No. 3588 of 2015, State vs. Ashutosh Gautam and Others.

2. Brief facts of the case are that the marriage of the daughter of respondent no. 2 and petitioner no. 1 was solemnized on 24.11.2012. Respondent no. 2 gave dowry beyond his capacity. Later on, matrimonial dispute was started among the parties. Petitioner no. 1 preferred a Suit for Restitution of Conjugal Rights. Thereafter respondent no. 2 lodged the FIR against the petitioners. On 25.09.2013 this Court granted protection to the petitioners in WPCRL No. 1124 of 2013. But later on, police has submitted the charge sheet against the petitioners. Petitioners preferred C482 Petition No. 141 of 2014, challenging the charge sheet and proceedings. The said petition was disposed of on 05.04.2017 with direction to the petitioners to surrender. In the meantime, daughter of respondent no. 2, namely, Niti Bhargawa died on 09.03.2016. Against the judgment dated 05.04.2017 passed by this Court in C482 Petition No. 141 of 2014, the pet




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