Uttarakhand High Court
Rakesh Kumar & Others ... vs State Of Uttarakhand & Anr on 14 August, 2023
1
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Criminal Misc. Appl. (C482) No. 2055 of 2022
Rakesh Kumar & Others ......Applicants
Vs.
State of Uttarakhand & Anr. ......Respondents
Present:
Mr. Pankaj Singh Chauhan, the learned counsel for the
applicants.
Mr. A.K. Sah, the learned Dy. A.G. for the State.
Mr. Kartikey Hari Gupta, the learned counsel for the
respondent.
Hon'ble Sharad Kumar Sharma, J.
There are multiple inter se litigations which are
going on between the parties, which, as per the opinion
of the Court, ought to be decided as expeditiously as
possible which is the basic intent of the Hindu Marriage
Act.
2. The applicant herein claims his benefit on the basis
of the decree rendered in a proceeding under Section 9 of
the Hindu Marriage Act, which has been decided by the
competent courts at Bengaluru. The said judgment of
17.08.2019, has been put to an execution at the behest
of the applicant and same is pending consideration. He
contends that at a later stage the respondent has drawn
proceedings under Section 12 of the Domestic Violence
Act, and the same was registered as Misc. Case No. 1024
of 2019, which has been rejected on 28.03.2023, and
those proceedings and respective judgments have
attained finality, because so far the order passed under
section 12 has not been put to challenge.
3. There is a parallel proceedings drawn under Section
13 of the Hindu Marriage Act, by the respondent in which
notices have been issued by way of publication by an
order of 08.06.2023 but neither the counsel nor the
applicant who is participating in the present matter
through video conferencing can make a statement of
acceptance of notice of the said proceedings preferred
under Section 13 of the Act.
4. The argument of the learned counsel for the
applicant is confined for two prospective; first, that
institution of the proceedings by way of FIR No. 221 of
2019 dated 16.11.2019, would be bad in the eyes of the
law because it is perhaps a counter blast to the
proceedings under section 9 of the Act as decided by the
competent court at Bengaluru on 17.05.2019; and
secondly, that since the respondent has already lost the
proceedings under Section 12 of the Domestic Violence
Act, no offence under Sections 498A, 323, 504 IPC, or
Section 3/4 of the Dowry Act could be said to have been
made out against the present applicants on the basis of
which charge sheet no. 1 dated 25.09.2020, could have
at all been issued against them which is the foundation of
the registration of the Criminal Case no. 536 of 2021,
State vs. Rakesh Kumar & Ors. There are various factual
aspects and most of them are based upon ego tussle of
one another, this Court is of the opinion that their
disputes could be resolved by directing the court to
decide the proceedings under Section 13 of the Hindu
Marriage Act, which this Court at this stage is not
venturing on merits because it may not be amenable to
be heard the 482 jurisdiction, but, so far as Criminal Case
no. 536 of 2021 is concerned for which the present
applicants have approached this Court for quashing of the
proceedings on the ground that it is a counter blast and
malicious proceedings because none of the offences as
complained in the FIR ,and, later, found to have been
established in the charge sheet submitted by the
Investigating Officer on 25.09.2020, the applicants have
sought quashing of the proceedings.
5. In a nutshell, to summarize the allegations as
leveled in the FIR by the respondent as against the
present applicants and the essence of which has been
sought by the present applicants, they entailed
consideration of the facts and the evidence with regard to
the allegations therein. The FIR pertaining to the demand
of dowry and various allegations as mentioned therein.
Since, all the offences for which the summoning order
has been issued by the court of Judicial Magistrate
Dehradun in Criminal Case no. 536 of 2021, State vs.
Rakesh Kumar & others, they fall for consideration within
the domain of principle laid down by the Hon'ble Apex
Court in the case of Satendra Kumar Anthil vs. C.B.I.,
(2022) 10 SCC 51, the applicants are relegated to
surrender before the court of Judicial Magistrate,
Dehradun and resort to their remedies as available as per
A-category of offence classified by the Hon'ble Apex Court
which are required to be dealt with as per para 3(e) of
the said judgment.
6. Subsequently, to the aforesaid, the C482 application
is hereby closed.
(Sharad Kumar Sharma, J.)
14.08.2022
Parul
