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2025 DAILYLAW 1262 (UTT)

Manu Goel v. STATE OF UTTARAKHAND

C482/1591/2016 · 2025-08-01

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-482 No. 1591 of 2016 Hon’ble Alok Mahra, J. Mr. Piyush Garg, learned counsel for the applicant. 2. Mr. B.N. Molakhi, learned D.A.G. alongwith Mr. Akshay Latwal, learned A.G.A. for the State. 3. Ms. Suraiya Naaz, learned counsel, holding brief of Mr. Lalit Sharma, learned counsel for the complainant. 4. The present criminal miscellaneous application has been filed by the applicant challenging the charge-sheet no. 63 of 2015, summoning order dated 28.10.2015 passed by learned Chief Judicial Magistrate, Dehradun in Criminal Case No. 2650 of 2015, State Vs. Manu Goel and the entire proceedings arising out from it. 5. Brief facts of the case, in a nutshell, are that respondent no. 2 filed an application under Section 156(3) Cr.P.C. alleging therein that the applicant has hacked her e-mail i.d. and she has a fear that he would misuse it. Thereafter, cognizance was taken and charge-sheet was filed and applicant was summoned vide order dated 28.10.2015, under Sections 66/67 of I.T. Act and Section 506 of IPC. Against that order, applicant has approached this Court by filing an application under Section 482 Cr.P.C. 6. During the interregnum, an application under Section 13(b) of the Hindu Marriage Act, 1955 was filed by the applicant and respondent no. 2 before the Court of Principal Judge, Family Court, Kanpur. Subsequently, decree of divorce under Section 13(b) was granted, which have been confirmed by the Hon’ble Apex Court and the parties are living separately. After divorce, applicant has remarried and he has son from the wedlock. 7. Learned counsel for the applicant has submitted that now since both husband and wife have been mutually divorced and they are living separately, therefore, no fruitful purpose would be served if the proceedings of the case are allowed to continue against the applicant. 8. Since, divorce was finalized between the parties and they were living separately before that also, therefore, no fruitful purpose would be served if the proceedings of the case are allowed to continue against the applicant. 9. Accordingly, the present criminal misc. application is allowed. 10. The charge-sheet no. 63 of 2015, summoning order dated 28.10.2015 and the entire proceedings of Criminal Case No. 2650 of 2015, State Vs. Manu Goel pending in the court of learned Chief Judicial Magistrate, Dehradun, is hereby quashed qua the applicant. (Alok Mahra J.) 01.08.2025 Ujjwal