C482/1927/2022
2022 Latest Caselaw 3445 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 1927 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Dr. Kartikey Hari Gupta, Advocate, for the applicants.

Mr. Pankaj Joshi, Brief Holder, for the State of Uttarakhand.

The learned counsel for the applicant submits, that the applicant No.1 had solemnized marriage with respondent No.2 on 6th May, 2017. But, his allegations are that the marriage, was never consummated on account of certain medical disability being suffered by respondent No.2.

There are other collateral proceedings which are being held under Section 13 of the Hindu Marriage Act, which was later withdrawn and the proceeding of Section 11 of the Hindu Marriage Act, which is presently pending consideration, to declare the marriage as to be void. Respondent No.2 has also filed application under Section 125 of the Cr.P.C. for claiming pendente lite maintenance.

But be that as it may. The institution of the proceedings by way of registration of Criminal Case No.98 of 2021, Sangeeta Vs. Ankit Kumar and others, are for conducting trial for the offences under Sections 323 and 498-A of the IPC and Section 4 of the Dowry Prohibition Act, which is presently pending consideration before the Judicial Magistrate, Bhikiyasain, District Almora.

The nature of offences, which have been complained of, will fall for consideration as per the parameters laid down for 'A' category of offences as provided in para 3 of the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in (2021) 10 SCC 773, and the applicants recourse is provided by Sub-clause (e) of para 3 of the aforesaid judgment.

In that eventuality, if the applicants appear before the Judicial Magistrate, Bhikiyasain, District Almora, within a period of three weeks from today, they may resort to their recourses of availing their bail, as available to them as per the guidelines given in para 3 of the judgment of Satender Kumar Antil.

Subject to the aforesaid, the C482 Application stands disposed of.

So far as relief No.3 is concerned, this Court has not expressed any opinion on the same and it could be agitated by the applicants, as and when the occasion or need arises.

(Sharad Kumar Sharma, J.) Dated 21.10.2022 Shiv