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2025 DAILYLAW 2491 (UTT)

Piyush Jain v. STATE OF UTTARAKHAND

C482/1389/2016 · 2025-08-07

Alok Mahra

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5105 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No.1389 of 2016 Hon’ble Alok Mahra, J. Mr. Kailash Chandra, learned counsel for the applicants. 2. Mr. V. N. Maulekhi, learned DAG for the State. 3. The criminal misc. application has been filed under Section 482 of Cr.P.C. for quashing the cognizance order dated 30.10.2014, passed by the ACJM, 2nd Dehradun as well as the entire proceedings of Case Crime No.357 of 2013 (Criminal Case No.97 of 2015),’ under Sections 498A, 504, 506 of IPC and Sections 3/4 of Dowry Prohibition Act, pending in the court of 2nd Addl. Chief Judicial Magistrate, District, Dehradun. 4. Heard learned counsel for the parties. 5. It is argued by learned counsel for the applicants that it is purely a matrimonial dispute between the parties; compromise has taken place between the parties; accordingly, both the parties (husband (applicant no.1) and wife (respondent no.3) moved an application under Section 13B of Hindu Marriage Act before the Principal Judge, Family Court, Dehradun, which was allowed vide order dated 16.11.2015. 6. From the perusal of the record, it is clear that written information was given by the private respondent to P.S. Patelnagar, District Dehradun against the 2025:UHC:5105 applicants; accordingly, on 01.12.2013 an FIR No.319 of 2015 was lodged. After investigation charge-sheet was submitted, accordingly, the 2nd Addl. Chief Judicial Magistrate, District Dehradun took the cognizance on 30.10.2014. 7. From the perusal of the record, is is also clear that the applicant no.1 and respondent no.3 filed a petition before the Principal Judge, Family Court, Dehradun under Section 13B of Hindu Marriage Act, which was registered as O.S.No.387 of 2015 in which the Principal Judge, Family Court, found that the said application was filed jointly without any coercion; accordingly, the concerned court allowed the petition filed under Section 13B of Hindu Marriage Act, it is clear that the matrimonial dispute has come to end when an application was filed under Section 13B of Hindu Marriage Act. 8. Since applicant no.1 and respondent no.3 have been granted divorce on mutual ground under Section 13B of the Hindu Marriage Act in the year 2015, thereafter, they are living separately; that, the FIR, which was lodged by respondent no.3 under Sections 498A, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, was lodged in a fit of rage, as at the time of lodging of the FIR, the relationship between the applicants and respondent no.3 was strained. After decree of divorce passed under Section 13B of Hindu Marriage Act, parties are living separately and the proceedings under Sections 498A, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, which were initiated prior to grant of divorce, deserve to be 2025:UHC:5105 quashed, as it has become redundant, as the allegations arise out of matrimonial dispute. 9. By directing the applicants to face the trial for offence under Sections 498A, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, after ten years of grant of mutual divorce would amount subjecting them to harass. 10. In view of the above, the present criminal misc. application filed U/s 482 Cr.P.C. is allowed and the entire proceedings of Case Crime No.357 of 2013 (Criminal Case No.97 of 2015),’ under Sections 498A, 504, 506 of IPC and Sections 3/4 of Dowry Prohibition Act, pending in the court of 2nd Addl. Chief Judicial Magistrate, District, Dehradun, is hereby quashed, qua the applicants. 11. Pending application, if any, stands disposed of. (Alok Mahra, J.) 07.08.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7c e8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00 A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.08.08 16:33:21 +05'30'