C528/1913/2025
2025 Latest Caselaw 5352 UK

Uttarakhand High Court

C528/1913/2025 on 7 November, 2025

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                                 C-528 No. 1913 of 2025
                                 Hon'ble Alok Mahra, J.

Mr. Ram Nivas Singh Rana, learned counsel (through V.C.) for the applicant.

2. Mr. Akshay Latwal, learned A.G.A. for the State.

3. Heard learned counsel for the parties and perused the record.

4. By means of this C-528 application, the applicants have challenged the cognizance and summoning order dated 28.11.2019 passed by learned Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun in Criminal Case No. 1295 of 2019 under Sections 498-A, 323, 504 and 506 IPC and 3/4 of Dowry Prohibition Act and have prayed to quash the entire proceedings arising out from it.

5. In this case, marriage of Applicant no. 1 and Respondent no. 2 was solemnized on 12.11.2017 and applicant nos. 2 and 3 are Father and Mother of Applicant no. 1.

6. The case of the applicants is that respondent no. 2 was already married to one Shiv Kumar and their marriage was registered with the Registrar (Marriage), Vikasnagar, Dehradun on 14.02.2017, whereas, respondent no. 2 solemnized marriage with applicant no. 1 on 12.11.2017. This fact was concealed by respondent no. 2 and when this fact came to knowledge of applicant no. 1, he filed a suit for dissolution of marriage under Section 5(i) of Hindu Marriage Act, 1955. The case was instituted as Original Suit No. 157 of 2023, which was decreed by the Judge, Family Court, Vikasnagar, Dehradun vide judgment and order dated 07.09.2024.

7. Learned counsel for the applicant submits that Respondent no. 2 have not challenged the judgment and order dated 07.09.2024 passed by Judge, Family Court, Vikasnagar, Dehradun till date as per his information till now. Learned counsel for the applicant has further submitted that this FIR has been filed only to harass the applicants.

8. Having heard the submission, this Court is of the view that this matter definitely requires deliberation.

9. Issue notice to respondent no. 2, returnable within four weeks. Steps to be taken within a week.

10. List this matter on 30.12.2025.

11. Till then, the proceedings of the learned court below shall remain in abeyance.

(Alok Mahra J.) 07.11.2025 Ujjwal