2025:UHC:5032 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 1946 of 2023 17 June, 2025 Uma Devi and Another --Applicants Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Gaurav Singh, learned counsel for applicants. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand/respondent No.1. Ms. Prabha Naithani, learned counsel for respondent No.2. Hon’ble Pankaj Purohit, J. (Oral) By means of the present C482 application, applicants have challenged the impugned order dated 03.03.2023 passed by learned Judicial Magistrate/ Fourth Additional Civil Judge, Dehradun, in Misc. Criminal Case No.1295 of 2015 Renu Dhiman Vs. Deepak Dhiman and two others, under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, which was allowed ex-parte against the applicants, as well as the judgment and order dated 31.05.2023 passed by learned Additional Civil Judge, Dehradun, in applicants’ recall/restoration application, which was registered as Misc. Case No.891 of 2023 Uma Dhiman and another Vs. Renu Dhiman, whereby, the recall application moved by the applicants for recalling the order dated 03.03.2023 has been rejected. 2. It is contended by learned counsel for the applicants that the applicant No.1 was a chronic patient of Jaundice and the applicant No.2, who is a disabled person and son of applicant No.1, was taking care of her 1 2025:UHC:5032 mother i.e. applicant No.1 and due to this reason, they could not join the proceedings, and, therefore, the proceedings have been decided ex-parte against them vide judgment and order dated 03.03.2023. A recall application was moved by the applicants, which was registered as Misc. Case No.891 of 2023 Uma Dhiman and another Vs. Renu Dhiman. In the said recall application, it has been stated that the applicant No.1 was an acute patient of Jaundice and was recommended bed rest from 03.10.2022 to 10.03.2023, due to which, she could not travel from Haridwar to Dehradun and her son (applicant No.2) was taking care of her, the medical certificate of applicant No.1 was attached with the recall application and prayed for recalling the ex-parte order dated 03.03.2023 and to hear and decide the matter on merits. 3. The objection was filed by the respondent No.2 to the recall application. 4. Having considered the objection and the case of the applicants of the recall application, the learned Trial Court has rejected the same vide order dated 31.05.2023. Aggrieved by the said rejection order, the applicants are before this Court. 5. It is contended by learned counsel for the applicants that the matter should be decided on merits and he is ready to participate in the proceedings; he reiterated the same grounds of not attending the Court, when the case was proceeded ex-parte on her suffering from the acute Jaundice. 6. Learned counsel for the respondent No.2 objected on the prayer made by learned counsel for the applicants and it is submitted by her that the applicants 2 2025:UHC:5032 deliberately avoided the proceedings. 7. Be that as it may. Having gone through the documents annexed with the present C482 application as well as the medical report, which is also annexed by the applicants in the present C482 application, this Court is of the view that one opportunity can be given to the applicants to contest the case. 8. In this view of the matter, the impugned judgment and order dated 31.05.2023 passed by learned Additional Civil Judge, Dehradun in Misc. Case No.891 of 2023 Uma Dhiman and another Vs. Renu Dhiman, is hereby quashed. Accordingly, the recall application in Misc. Case No.891 of 2023 Uma Dhiman and another Vs. Renu Dhiman, moved by the applicants is allowed. The order dated 03.03.2023 passed by learned Judicial Magistrate/ Fourth Additional Civil Judge, Dehradun, in Misc. Criminal Case No.1295 of 2015 Renu Dhiman Vs. Deepak Dhiman and two others, is hereby recalled and restored to its original number. However, as a precaution, it is provided that the applicants shall participate in the proceedings regularly and no unnecessary adjournments shall be sought by the applicants during the pendency of the Misc. Criminal Case No.1295 of 2015. 9. In view of the above, the present C482 application is allowed. 10. Pending application(s), if any, also stands disposed of. (Pankaj Purohit, J.) 17.06.2025 PN 3 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe3 8331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81 FAE064498483A83D84BDB0F9229D5BF08D959 AC, cn=PREETI NEGI Date: 2025.06.18 16:42:25 +05'30'