Uttarakhand High Court
C482/2039/2022 on 9 January, 2023
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
C482 No.2039 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Vikas Anand, Advocate for the
applicants.
Mr. Atul Kumar Shah, Deputy Advocate
General assisted by Mrs. Mamta Joshi, Brief Holder
for the State of Uttarakhand.
The present applicants are the mother-in-law,
sister-in-law and father-in-law of respondent
no.2/complainant.
An FIR being FIR No.142 of 2013 dated
07.05.2013, was registered for the alleged
involvement of named accused persons therein
which included, the present applicants for their
alleged involvement in commission of offence
under Sections 498-A, 323, 504 and 506 of IPC and
Section 3/4 the Dowry Prohibition Act.
The matter was investigated upon and the
Investigating Office thereafter has submitted a
charge sheet, being Charge Sheet No.234 of 2013
dated 07.10.2013. Upon its submission, the
cognizance has been taken by the court of Chief
Judicial Magistrate, Udham Singh Nagar by
registering a Criminal Case No.4395 of 2013,
whereby the applicants have been summoned by the
orders dated 29.11.2013 for being tried for the
aforesaid offence. In the absence of the applicants'
having responded to the aforesaid summoning
order, the proceedings under Sections 82 and 83 of
the Cr.P.C., is being proceeded against them.
It has been argued by the learned counsel for
the applicants, that still the proceedings with the
Criminal Case No.4395 of 2013 for trying the
present applicants, would be a futile exercise in
view of the fact that the parties to the matrimony
dated 15.02.2007, have already agreed to dissolve
their marriage in a proceedings, which was held
before the Family Court, Udham Singh Nagar by
way of Case No.28 of 2014 Smt. Manpreet Kaur vs.
Pargat Singh.
The learned court has dissolved the marriage
by the judgment and decree dated 17.08.2014, as
such it is argued by the learned counsel for the
applicants, that when the parties to the matrimony
had already dissolved their marriage by resorting to
the proceedings under Section 13-B of the Hindu
Marriage Act, it will be absolutely a fruitless
exercise to proceed with the criminal proceedings,
which already stood instituted prior in time.
Subsequent to dissolution of marriage, the criminal
proceedings ought not to be proceeded against the
present applicants.
Apart from that he submits, that owing to the
fact that the proceedings under Section 83 of
Cr.P.C. has already undertaken, coupled with the
fact, that they are being tried for the offence under
Sections 498-A, 323, 504 & 506 of IPC and Section
3/4 of the Dowry Prohibition Act. What impact
would the judgment and decree under Section 13-B
of the Hindu Marriage Act, would have is a matter
to be decided by the criminal court, which is
presently seized with the criminal proceedings.
In that eventuality, the C-482 Application is
being disposed of with the liberty left open to the
applicants to surrender before the learned court of
Chief Judicial Magistrate, Udham Singh Nagar and
take their benefit under the ratio laid down by the
judgment of Hon'ble Apex Court as reported in
(2021) 10 SCC 773 Satendra Kumar Antil vs.
Central Bureau of Investigation and Another, as
all the offences qua the present applicants would
fall for consideration under the classified offence by
the Hon'ble Apex Court as contained in 'A'
category of offences and the application of the
applicants is required to be considered in the light
of para 3(e) of the said judgment.
Till the applicants appear before the court
and file an appropriate application as per the
guidelines framed by the Ho'ble Apex Court, the
proceedings under Section 83 of Cr.P.C. would not
be proceeded with further against the present
applicants, owing to the judgment and decree
rendered in the proceedings under Section 13 B of
the Hindu Marriage Act, which has been already
referred to hereinabove.
Subject to the aforesaid, the C-482
Application stands disposed of.
(Sharad Kumar Sharma, J.)
09.01.2023
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