C482/1408/2021
2022 Latest Caselaw 2825 UK

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                                  C482 No. 1408 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. D.S. Mehta, Advocate, for the applicants.

Mr. T.C. Agarwal, Deputy Advocate General, assisted by Mrs. Lata Negi, Brief Holder, for the State of Uttarakhand.

Mr. Deepak Joshi, Advocate, for respondent No.2.

The present applicants, who are accused in FIR No. 210 of 2020, which was registered on 4th October, 2020, by respondent No.2, at Police Station Mukhani, District Nainital, for the alleged involvement of the present applicants in the commission of offences under Section 498-A and 504 of the IPC, to be read with Section 3/4 of the Dowry Prohibition Act.

On registration of the said FIR, the investigation was carried and Chargesheet No. 195 of 2020, dated 12nd November, 2020, was submitted before the Court below, consequently, resulting into registration of Criminal Case No. 67 of 2021, State Vs. Mahendra Singh Dobal and others, on which, the cognizance/ summoning order was issued, which is now the subject matter of challenge in the present C-482 Application.

When the C-482 Application was considered initially by the Co-ordinate Bench of this Court on 7th October, 2021, while issuing notices to the respondents, it was left open for the applicants to file an application for adjournment in the proceedings before the Court below, which continued to operate till filing of the supplementary affidavit by the present applicants, being Misc. Application No. 5 of 2022, which is listed today.

It is contended by the learned counsel for the applicants and accepted too by the learned counsel for the respondent No. 2, that later on the parties, who were in dispute in a matrimonial litigation, by way of Divorce Petition No. 210 of 2022, Smt. Neha Pariha Vs Mahendra Singh Dobal, i.e. the proceedings under Section 13-B of the Hindu Marriage Act, was carried before the Family Judge Haldwani, District Nainital, and the same has been laid to rest by the judgement dated 1st September, 2022, whereby, in view of the consent extended by the learned counsel for the parties to the proceedings of Divorce Petition to 210 of 2022, a consent decree of divorce was granted, and as a result thereto, the matrimony between them dated 5th December, 2019, was dissolved.

The present C-482 Application, as already referred to is, because of the institution of the proceedings under Sections 498-A and 504 of the IPC to be read with Section 3/4 of the Dowry Prohibition Act.

In view of the judgment and decree of 1st September, 2022, when the proceedings were being carried before the Family Court, the respondent No.2, has consented upon for passing a decree with an understanding, that all the proceedings under Sections 498-A and 504 of the IPC, to be read with Section 3/4 of the Dowry Prohibition Act, which was instituted on registration of the FIR at Police Station Mukhani, District Nainital, the same would be withdrawn. The relevant part of decree giving an undertaking for the purposes of procuring the decree under Section 13-B of the Hindu Marriage Act, is extracted hereunder:-

" इसके अित�र� याची स०-1 ने याची सं0-2 के िव�� धारा 498ए 504 आई.पी.सी. एवं 3/4 दहेज प्रितषेध अिधिनयम का

बाद प्रथम �ाियक मिज��ेट, हल्�ानी की �ायालय म� दायर िकया है। उपरो� वादों को याची स0-1 इस यािचका के िन�ारण से

पूव� वापस ले लेगी। "

Owing to the aforesaid statement, which was made by the complainant to the proceedings under Section 13-B of the Hindu Marriage Act, who is the complainant / respondent No.2, herein, coupled with the statement which has been made by Mr. Deepak Joshi, Advocate, who is appearing on behalf of respondent No.2, since respondent No.2 does not want to prosecute the proceedings any further the present applicants for their alleged involvement in the commission of offences referred to in the criminal proceedings of Case No. 67 of 2021, State Vs. Mahendra Singh Dobal and others, and particularly when, the stand of respondent No. 2, has taken the shape of decree, the present C-482 Application, would stand allowed, and as a consequence thereto, the entire proceedings of Criminal Case No. 67 of 2021, State Vs. Mahendra Singh Dobal and others, would hereby stand quashed.

(Sharad Kumar Sharma, J.) Dated 07.09.2022 Shiv