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2024 DAILYLAW 677 (UTT)

SUJEET SINGH AND OTHERS v. STATE OF UTTARAKHAND

C528/324/2024 · 2026-02-11

Alok Mahra

body2024

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 324 of 2024 Hon’ble Alok Mahra, J. Mr. Ajeet Kumar Yadav, learned counsel for the applicants. 2. Mr. Deepak Bisht, learned D.A.G. for the State. 3. None is present for respondent no. 2. 4. The present Criminal Misc. Application under Section 528 of BNSS has been filed by the applicants challenging the cognizance /summoning order dated 21.08.2021 passed by learned ACJM, Dehradun in Criminal Case No. 4263 of 2021, State Vs. Sujeet and Others, under Sections 498-A, 323, 504 and 506 of IPC and Section 3/4 of Dowry Prohibition Act, pending in the Court of Chief Judicial Magistrate, Dehradun. 5. In the present case, marriage was solemnized between applicant no. 1 and respondent no. 2 on 10.11.2019. Thereafter, family dispute occurred in their matrimonial life and suit under Section 13(b) was filed on 24.04.2024, which was decreed on 25.10.2024. 6. As per the instructions of learned counsel for the applicants, this decree of divorce dated 25.10.2024 has attained finality. As per the decree, Rs. 7 Lakhs was paid by the applicant no. 1 to respondent no. 2 as permanent alimony. Respondent no. 2 has also withdrawn all the cases filed against the applicants. 7. Since mutual divorce has been done and parties are living separately, therefore, no fruitful purpose would be served if the proceedings of the case are allowed to continue against the applicants. 8. Accordingly, the present criminal misc. application is allowed. As a result, the entire proceedings of Criminal Case No. 4263 of 2021, State Vs. Sujeet and Others, under Sections 498-A, 323, 504 and 506 of IPC and Section 3/4 of Dowry Prohibition Act, pending in the Court of Chief Judicial Magistrate, Dehradun is hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto also stand quashed. (Alok Mahra J.) 11.02.2026 Ujjwal