C482/1661/2022
2022 Latest Caselaw 2989 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
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                                  C482 No. 1661 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Mukesh Kumar Kaparuwan, Advocate, for the applicants.

Mr. Pratiroop Pandey, A.G.A, with Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The present C482 Application apparently seems to be an inter se feud between the parties to the proceedings, which is of a matrimonial nature, resulting into registration of Complaint Case No. 4511 of 2017, Amarjeet Kaur Vs. Alam Singh and others, whereby, the present applicants have been summoned for being tried for the offences under Sections 498-A, 323, 504 and 506 of the IPC, as well as under Section ¾ of the Dowry Prohibition Act.

Looking to the nature of offence, since they being personal in nature, arising out of the matrimonial discord, all the offences would fall for consideration within 'A' category of offences, as it has been classified by the Hon'ble Apex Court in the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in (2021) 10 SCC 773, and particularly, in the light of the guidelines, which had been framed in para 3 of the said judgment.

Hence, this C-482 Application is being disposed of, with the recourse left open to the applicants to approach before the Court concerned, and seek the benefit of the directives given under para 3 of the judgment of Satender Kumar Antil (Supra).

Subject to the aforesaid, the C-482 Application stands disposed of

(Sharad Kumar Sharma, J.) Dated 16.09.2022 Shiv