C482/1734/2023
2023 Latest Caselaw 2532 UK

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures

                                 C482 No.1734 of 2023
                                 With
                                 IA/1/2023 (Stay Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. C.K. Sharma, learned counsel for the applicant.

Mr. Kuldeep Singh Rawal, learned Assistant Advocate General for the State.

In fact, the instant C482 Application arises out of the matrimonial dispute. Initially. a proceedings under Section 13B of the Hindu Marriage Act stood instituted that was decreed by the judgment dated 17.09.2022. Its that after the decree of 17.09.2022, a complaint was registered by respondent no.2 on 03.11.2022, for the alleged offence under Section 406 of the IPC.

Learned counsel for the applicant contends that the complaint proceeding as drawn by way of Complaint Case No.1561 of 2022, "Rishi Pal Singh Vs. Vipin Kumar". In fact, this happens to be a counterblast to the decree granted under Section 13B of the Hindu Marriage Act on 17.09.2022, because the sole set of allegations levelled in the complaint was with regards to the alleged Rs.13 lakh, which was said to have been given by respondent no.2, who is erstwhile father- in-law of the present applicant, for the purpose of purchase of a motor vehicle, to be given to his daughter for marriage with the present applicant.

Learned counsel for the applicant contends that the registration of the complaint on 03.11.2022, is as a counterblast because when all the settlement has taken place in pursuance to decree of 17.09.2022, there was no occasion for respondent to institute a complaint on 03.11.2022.

Issue notice respondent no.2.

Steps to serve respondent no.2 will be taken by the learned counsel for the applicant within a period of one week from today.

The Registry to notify a specific date, on which the parties to the C482 Application would appear in person for making an effort for settlement.

Till the next date of listing, the summoning order dated 27.05.2023 as issued by the Court of Judicial Magistrate, Haridwar in Complaint Case No.1561 of 2022, "Rishi Pal Singh Vs. Vipin Kumar", would be kept in abeyance.

(Sharad Kumar Sharma, J.) 28.08.2023 Sukhbant