Unknown vs Arjun And Others
2025 Latest Caselaw 2054 UK

Citation : 2025 Latest Caselaw 2054 UK
Judgement Date : 13 February, 2025

Uttarakhand High Court

Unknown vs Arjun And Others on 13 February, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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


                                                 C528 No.103 of 2025
                                                 Hon'ble Pankaj Purohit, J.

Mr. Pankaj Kumar Sharma, Advocate for the applicants, through video conferencing.

2. Mr. B.C. Joshi, A.G.A. with Ms. Shweta B. Dobhal, B.H. for the State.

3. By means of the present C528 application, the applicants have challenged the summoning order dated 21.11.2023 and entire proceedings of Criminal Case No.3187 of 2023 (Case Crime No.497 of 2021), State Vs. Arjun and others, under Sections 323, 504, 506, 498-A IPC and Section 3/4 of Dowry Prohibition Act, 1961, registered at Police Station Manglour, District Haridwar, pending before learned Ist Judicial Magistrate, Roorkee, District Haridwar.

4. It is contended by learned counsel for the applicants that the applicant no.1 - husband (Arjun) sincerely wants to stay with respondent no.2 - wife (Divya Rathi).

5. Respondent no.2 - wife left company of the husband, out of her own sweet will. Applicant no.1 - husband has also filed a suit for restitution of conjugal rights, in the court of learned Ist Additional Principal Judge, Family Court, Muzaffarnagar, State of U.P. in Case No.452 of 2021, Arjun Vs. Divya Rathi, under Section 9 of Hindu Marriage Act, 1955, which was also decreed vide judgment and order dated 01.07.2024, ex-parte, against respondent no.2 - wife.

6. It is further contended by learned counsel for the applicants that there is possibility of amicable settlement between the parties as applicant no.1 - husband wants to live with respondent no.2 - wife and an effort can be made for amicable settlement through mediation.

7. In this view of the matter, this Court is of the view that the presence of respondent no.2 would be required.

8. Issue notice to respondent no.2, returnable within six weeks.

9. Steps to be taken within three days.

10. List this case on 29.04.2024.

11. In the meantime, proceedings of Criminal Case No.3187 of 2023 (Case Crime No.497 of 2021), State Vs. Arjun and others, under Sections 323, 504, 506, 498-A IPC and Section 3/4 of Dowry Prohibition Act, 1961, registered at Police Station Manglour, District Haridwar, pending before learned Ist Judicial Magistrate, Roorkee, District Haridwar, shall remain stayed.

(Pankaj Purohit, J.) 13.02.2025 SK