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2025 DAILYLAW 11351 (UTT)

PRAKASH SINGH POKHRIYAL v. STATE OF UTTARAKHAND

C528/484/2024 · 2025-03-12

Alok Mahra

body2025

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. 484 of 2024 With WPCRL No. 3 of 2024 Hon’ble Alok Mahra, J. Heard Mr. Sanjay Raturi, learned counsel (through V.C.) for the applicants and Mr. Deepak Bisht, learned D.A.G. for the State. 2. By means of the present C-528 application, the applicants have sought the following prayer:- “It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and quash the entire proceedings of the Criminal Case No. 17 of 2024 and FIR No. 8 of 2023 Under section 494, 498A, 504 & 506 of IPC & U/s 3 & 4 of Dowry Prohibition Act, Police Station Lambgaon, District Tehri, pending in the court of Ld. Judicial magistrate (J.M) Pratap Nagar Tehri Garhwal as well as the charge sheet dated 08.04.2024 (Annexure no.4) to the Criminal Misc. Application) and order of Cognizance dated 29.06.2024 and as well as N.B.W (Annexure no.5) to the Criminal Misc. Application) passed by Court of Ld. Judicial magistrate (J.M) Pratap Nagar Tehri Garhwal dated 24.07.2024, be quashed, on the basis of compromise arrived at among the parties to the dispute and/or pass any other and further orders, which this Hon'ble court may deem fit and proper in the present circumstances of the case. It is, further prayed that this Hon'ble court may kindly be pleased to stay the Process of NBW issued against the applicants and entire proceeding of Criminal Case No. 17 of 2024 (State of Uttarakhand Vs. Prakash Singh Pokhriyal and others), during the pendency of the criminal misc. application before this Hon'ble court, so that the justice be done to the Applicants.” 3. Learned counsel for the applicants have submitted that during pendency of the present application, a decree of divorce under Section 13(b) have been passed between the parties on 26.04.2023 and now the parties are living separately and there is no dispute between the parties. 4. Mr. Vijay Khanduri, learned counsel for respondent no. 2 (wife) does not dispute this averment made by learned counsel for the applicants. 5. Considering the fact that a decree of divorce have been passed between the parties and the parties are living separately, the entire proceedings of Criminal Case No. 17 of 2024, State of Uttarakhand Vs. Prakash Singh Pokhriyal and Others, pending before the Court of Judicial Magistrate, Pratap Nagar, Tehri Garhwal are hereby quashed qua the applicants. 6. FIR and charge-sheet filed pursuant thereto stand quashed. 7. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.) 12.03.2025 Ujjwal