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. 1783 of 2016 Hon’ble Alok Mahra, J. Mr. R.P. Nautiyal, learned Senior counsel, assisted by Mr. Pawan Kumar Nath, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. The present Criminal Misc. Application under section 482 CrPC has been filed by the applicant for quashing charge sheet dated 20.11.2016 as well as cognizance and summoning order dated 23.11.2016/ 06.12.2016 in Criminal Case No. 185/2016 passed by Learned Judicial Magistrate (J.D)/JM, Garur, District Bageshwar under section 498-A, 304-B I.P.C & ¾ Dowry Prohibition Act 1961. 4. Learned Senior Counsel for the applicant submits that the applicant is sister-in-law of the deceased; that the accused was married twenty years ago in the year 1994-95 and after marriage, she was residing in Ambala. The allegation levelled against the applicant in the FIR were vague. She was not named in the FIR. Furthermore, the other co-accused, who are her Father, Husband, Brother-in- law (Jeth), Sister-in-law (Jethani), were also chargesheeted alongwith the applicant. In the trial, the other co- accused have been acquitted by the Additional Sessions Judge, Bageshwar vide judgment and order dated 25.08.2017. 5. Learned Senior Counsel for the applicant further submits that, as per the post-mortem report, there was no homicidal injury found on the body and the cause of death was hanging. Further, the learned counsel submits that the applicant was residing in Ambala even before the marriage of the deceased. 6. Per contra, learned counsel for the State submits that the evidence collected was placed before the learned court below, which, after applying its judicial mind, rightly summoned the applicant to face trial under the said section. Further, the learned counsel for the State submits that the applicant, being a relative, used to reside separately from the matrimonial couple and, as such, had no interference in their matrimonial life. However, the facts regarding the applicant’s place of residence as well as her alleged interference in the matrimonial life of the parties are disputed, and the same can only be decided after adducing evidence at the stage of trial. 7. Taking into the fact that other co- accused have been acquitted in the trial and the applicant have been charged with the same-self offence as the other co- accused, no fruitful purpose would be served if the applicant is sent to the Trial Court for facing similar trial in which other co- accused are acquitted on same charges on the basis on same fact of evidence. 8. Accordingly, the present criminal misc. application filed under Section 482 Cr.P.C. is allowed. Consequently, the charge sheet dated 20.11.2016 as well as cognizance and summoning order dated 23.11.2016/ 06.12.2016 passed in Criminal Case No. 185/2016 by Learned Judicial Magistrate (J.D)/JM, Garur, District Bageshwar under section 498-A, 304-B I.P.C & ¾ Dowry Prohibition Act 1961 and the entire proceedings arising out from it, are hereby quashed. (Alok Mahra J.) 20.06.2025 Ujjwal