Uttarakhand High Court
Unknown vs State Of Uttarakhand And Another on 18 August, 2025
2025:UHC:7270
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE SHRI JUSTICE ALOK MAHRA
Criminal Misc. Application No.1687 of 2017
18th August, 2025
Smt. Munni -- Applicant
Versus
State of Uttarakhand and Another --Respondents
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Presence:-
Mr. M. S. Tyagi, learned Senior Counsel assisted by Mr. Sunil
Chandra, learned counsel for the applicant.
Mr. Deepak Bisht, learned DAG for the State.
Mr. Mohd. Alauddin, learned counsel for the private respondent
through V.C.
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JUDGMENT
This Criminal Misc. Application has been
filed by the applicant challenging the order dated
05.04.2017 passed by learned Judicial Magistrate 1st,
Laksar, District Haridwar in Criminal Case No.59 of
2016, State Vs. Jitendra, under Section 498-A of IPC
and Section 3/4 of Dowry Prohibition Act as well as
order dated 11.09.20217 passed by the learned Addl.
Sessions Judge, Laksar in Criminal Revision No.266
of 2017.
2. From the perusal of the record, it reveals
that respondent no.2 moved an application under
Section 156(3) Cr.P.C. on 06.06.2011 before the
2025:UHC:7270
learned Addl. Chief Judicial Magistrate, Laksar,
Haridwar against the applicant and her son Jitendra;
that, on 04.08.2011 an application was also moved
by respondent no.2 for deleting the name of the
present applicant from the complaint, as she does not
want to take action against the present applicant.
Learned Addl. Chief Judicial Magistrate, Laksar,
Haridwar allowed the said application vide order
dated 04.08.2011 and directed to register the FIR
against the son of the present applicant i.e. Jitendra;
thereafter, FIR was lodged in Case Crime No.165 of
2011, under Section 498-A of IPC and under Section
3/4 of Dowry Prohibition Act at P.S. Kotwali Laksar.
3. After investigation charge sheet was filed on
02.09.2011 against the son of the applicant (husband
of the complainant) only; that, the case was
registered as Criminal Case No.2198 of 2011 (new
No.59 of 2016) before the ACJM, Laksar, wherein
respondent no.2 deposed as PW1 and made the
allegation that the present applicant and her son
demanded dowry from her and harassed her; that,
after one and a half year, an application under
Section 319 was moved by respondent no.2 to
summon the applicant as accused; that, the trial
court vide impugned order dated 05.04.2017 the
applicant was summoned. Against the said order,
the applicant filed Criminal Revision. The said
criminal revision has also been dismissed by learned
Addl. Sessions Judge, Laksar vide order dated
11.09.2017. Hence, this criminal misc. application.
2025:UHC:7270
4. Heard learned counsel for the parties and
perused the record.
5. Learned Senior Counsel for the applicant
would submit that initially when respondent no.2 has
filed complaint under Section 156 (3) of Cr.P.C.
before the concerned Magistrate, no specific
allegations were leveled against the applicant;
furthermore, she herself moved an application,
whereby she has sought permission of the court to
delete the name of the applicant and further that she
does not want to take action against the applicant,
this all happened in the year 2011, but after lapse of
more than five years, when the applicant and
respondent no.2 were living separately, the applicant
was summoned and to face the trial. He would
further submit that admittedly this is a case of pure
harassment to a lady, who is more than 75 years of
age and merely on the vague allegations, the present
applicant was implicated.
6. Per contra, learned counsel for the
complainant and learned counsel for the State would
oppose the application.
7. After going through the record and hearing
the arguments advanced by learned counsel for both
the parties, in the present case, there is no iota of
evidence that the applicant was involved either
actively and passively, as the name of the present
applicant was initially deleted from the complaint on
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the request of respondent no.2 through application
under Section 156(3) Cr.P.C. on 06.06.2011 before
the learned Addl. Chief Judicial Magistrate, Laksar,
Haridwar.
8. Accordingly, the present criminal misc.
application filed U/s 482 Cr.P.C. is allowed and order
dated 05.04.2017 passed by learned Judicial
Magistrate 1st, Laksar, District Haridwar in Criminal
Case No.59 of 2016, State Vs. Jitendra, under
Section 498-A of IPC and Section 3/4 of Dowry
Prohibition Act as well as order dated 11.09.20217
passed by the learned Addl. Sessions Judge, Laksar
in Criminal Revision No.266 of 2017, is hereby
quashed, qua the applicant.
(ALOK MAHRA, J.)
Dated: 18.08.2025
BS
BALWANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
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bf28cdf4ba7ce8640c5820, postalCode=263001,
SINGH
st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F
418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH
Date: 2025.08.19 18:15:58 +05'30'
