C482/1537/2022
2022 Latest Caselaw 2808 UK

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                                  C482 No. 1537 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Miglani, Advocate, for the applicants.

Mr. Pratiroop Pandey, Assistant Advocate General assisted by Mr. Pramod Tiwari, Brief Holder, for the State of Uttarakhand.

An inter se matrimonial dispute, has been the foundation for multiple litigations, in which, the parties to the proceedings have now being engaged, resulting into a settlement of proceedings by way of dissolution of marriage under Section 13-B of the Hindu Marriage Act, as a consequential effect in view of the terms of the compromise, annexure-5 of the C482 Application.

There have been other pending C482 Applications, being C482 Application No. 1375 of 2022, as well as C482 Application No. 1127 of 2021, which are pending consideration before this Court, inter se between the parties, after the grant of interim orders on 5th August, 2022 and 17th November, 2021.

Connect this present C482 Application, along with C482 Application No. 1375 of 2022, as well as C482 Application No. 1127 of 2021 and they are directed to be listed together.

The challenge in the present C482 Application has been given to the summoning order dated 6th February, 2020, whereby, the Court of learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, has taken cognizance for the offence under Section 452 of the IPC, as against the applicant No.2 and under Section 323 IPC, as against the applicant No.1.

It has been argued by the learned counsel for the applicants, that since the parties have already resolved their disputes earlier resulting into a settlement, which has been already referred above emanating, from the matrimonial discord and now on a challenge is being given to the summoning order, the same has been affirmed by the Revisional Court vide its impugned judgment dated 10th August, 2022, as rendered in Criminal Revision No. 79 of 2020, Ankit Chawla and another Vs. State of Uttarakhand and another.

Consequent to the affirmation of the summoning order, the date, which has now been fixed for appearance, initially it was 30th August, 2022 and now it has been fixed for 16th September, 2022.

Let notices be issued to the respondent No.2. Steps would be taken by the applicants within a period of ten days from today.

Till the next date of listing, the further proceedings of Complaint Case No. 4443 of 2019, Neeta Anand Vs. Ankit Chawla and another, pending before the Court of Additional Chief Judicial Magistrate / 5th Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar, would be kept in abeyance.

(Sharad Kumar Sharma, J.) Dated 06.09.2022 Shiv