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2025 Supreme(Online)(UK) 1830

HIGH COURT OF UTTARAKHAND
Alok Mahra, J
Smt. Shail Goyal and Another – Appellant
Versus
Smt. Neelam and Others – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Prabha Naithani
For the Respondents: Mr. Nagesh Aggarwal

Hon'ble Alok Mahra, J.

The present Criminal Misc. Application under section 482 Cr.P.C. has been filed by the applicants for quashing and setting-aside the entire proceedings of Complaint Case No. 1035 of 2015, Smt. Neelam and Others Vs. Alok Kumar Goyal and Another, under sections 12, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 pending before II Additional Chief Judicial Magistrate, Dehradun.

2. Facts necessary, to appreciate the controversy, briefly stated, as follows:-

That earlier respondent no. 1 had filed a complaint under Sections 12 , 17, 18, 19, 20, 22 and 23 of the Dowry Prohibition Act, 1961 , which was numbered as Complaint Case No. 1137 of 2008. She did not pursue her application after filing it since the year 2008 and she did not appear before the Court, as a result of which, the case was ultimately dismissed for want of prosecution by the Court on 12.01.2010; that surprisingly enough, after a period of five years, she again filed an application under Sections 12 , 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the court of II Additional Chief Judicial Magistrate, Dehradun, on the same se

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