Uttarakhand High Court
C482/2290/2022 on 22 February, 2023
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
C482 No.2290 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Pankaj Singh Chauhan, Advocate, for the
applicants.
Mr. V.K. Gemini, Deputy A.G., with Mrs.
Meena Bisht, Brief Holder, for the State of
Uttarakhand.
Mr. Piyush Garg, Advocate, for respondent
No.2.
The vakalatnama filed by Mr. Piyush Garg,
Advocate, on behalf of respondent No.2, is taken on
record.
This C482 Application arises as a
consequence of the matrimonial discord, which
subsists between the applicant No.1 and respondent
No.2, for various sets of allegations, which had
been levelled in the FIR No. 348 of 2021 dated 5th
October, 2021. The allegations were levelled with
regard to the commission of offence under Sections
323, 504, 506, 498-A of the IPC and under Section
¾ of the Dowry Prohibition Act.
The matter was investigated, and a
chargesheet No. 117/2022 dated 13th May, 2022,
was submitted by the Investigating Officer, on
which, cognizance have been taken by the Court of
Addl. Chief Judicial Magistrate, Haldwani, District
Nainital, resulting into registration of Criminal Case
No. 2424 of 2022, State Vs. Mairaj Hussain and
others,.
The challenge in the present C482
Application, as given by the present applicants is to
the chargesheet, and the summoning order as it has
been passed by the Court of learned Addl. Chief
Judicial Magistrate, Haldwani, District Nainital.
This Court thought, that owing to the fact,
that there was a minor misunderstanding between
the parties, an effort for mediation could be made,
in order to revive back the matrimonial harmony
amongst themselves.
Consequently, in compliance of the order
dated 11th January, 2023, the parties were referred
to the mediation, and it is reported to have been
failed, as per the report submitted by the Registrar
on 21st February, 2023.
Since the parties are not open to settle their
dispute by way of settlement, which was ventured
into by the Court, in that eventuality, this Court
while exercising its inherent powers under Section
482 of the Cr.P.C., is not supposed to scrutinize the
veracity of allegations levelled in the FIR, based on
appreciation of evidence, as that would always be a
subject matter to be established by way of evidence
to be adduced by the parties before the Court
below, when the trial of the criminal case proceeds
on its own merit.
Since, there is no possibility of settlement,
and for the purposes of scrutinization of evidence,
for which, the Criminal Case No. 2424 of 2022,
State Vs. Mairaj Hussain and others, is being
undertaken before the Court of Addl. Chief Judicial
Magistrate, Haldwani, District Nainital, it entails an
appreciation of evidence and facts. As such, this
Court declines to venture into the C482 Application
on its own merit, while testing the propriety of the
summoning order, as well as the chargesheet.
While, dismissing this C482 Application on
its own merit, a liberty is left open for the
applicants to surrender before the learned Court of
Addl. Chief Judicial Magistrate, Haldwani, District
Nainital, within a period of two weeks from today,
and seek their bail for their alleged aforesaid
offences, which is expected to be considered by the
learned Addl. Chief Judicial Magistrate, Haldwani,
District Nainital, as per the guidelines framed by
the Hon'ble Apex Court in the judgment as reported
in (2021) 10 SCC 773, Satender Kumar Antil Vs.
Central Bureau of Investigation and another.
Subject to the aforesaid liberty to surrender,
the Bail Application of the applicants, would be
considered as per the guidelines of the judgment of
Satender Kumar Antil (Supra).
The C482 Application is accordingly
dismissed.
(Sharad Kumar Sharma, J.)
Dated 22.02.2023
Shiv
