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2025:UHC:5715 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. 890 of 2016 Hon’ble Alok Mahra, J.
Mr. Siddhartha Singh and Mr. Devendra Singh Negi, learned counsel for the applicants.
2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Vikash Uniyal, learned Brief Holder for the State.
3. No representation for respondent no.3 despite sufficient service.
4. The present application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the entire proceedings of Criminal Case No. 1580 of 2015, State vs. Sandeep Kakkar and Another, under Sections 498-A, 323, 506 I.P.C. and Sections 3/4 of the Dowry Prohibition Act, pending before the Court of Additional Chief Judicial Magistrate, Dehradun.
5.
Learned counsel for the applicants would submit that the case arises out of matrimonial discord. Applicant no.1 is the husband, and applicant no.2 is the mother-in-law of respondent no.2. The marriage between applicant no.1 and respondent no.2 was solemnized on 08.12.2013 according to Sikh rites. Due to differences, respondent no.2 started residing separately.
6. He would further submit that respondent no.2 lodged an FIR on 23.07.2014 under Sections 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act. Subsequently, applicant no.1 filed Divorce Petition No. 54 of 2015 (Sandeep Kumar vs. Shikha) under Section 13 of the Hindu Marriage Act before learned Family Court, Dehradun. During the pendency of the said proceedings, the divorce petition was decreed on 14.01.2016.
7.
Learned counsel for the applicants would further submit during the divorce proceedings, no allegation regarding cruelty or dowry demand was raised by respondent no.2. In the meantime, the
2025:UHC:5715 charge-sheet in the present criminal case was filed. However, no appeal has been filed by respondent no.2 against the decree of divorce, which has attained finality. He would further submit that as per his instructions, applicant no.1 and respondent no.2 are now living separately and peacefully. Despite personal service, respondent no.2 has not appeared, indicating lack of interest in pursuing the matter. Hence, continuation of the criminal proceedings would serve no useful purpose.
8. Learned State counsel does not dispute the
submissions made by learned counsel for the applicants.
9. Heard learned counsel for the parties and perused the record.
10. Perusal of the judgment dated 14.01.2016 passed by the Family Court, Dehradun under Section 13 of the Hindu Marriage Act would reveal that a decree of divorce was granted, and more than nine years have since passed without any challenge to the same by respondent no.2. It also appears that no allegations regarding cruelty or dowry demand were made in the divorce proceedings. In view of the above facts and
submissions, nothing survives in the present criminal case.
11. Accordingly, the present application is allowed. The entire proceedings of Criminal Case No. 1580 of 2015, State vs. Sandeep Kakkar and Another, under Sections 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, pending before the Court of Additional Chief Judicial Magistrate, Dehradun, are hereby quashed.
12. Pending applications, if any, are also
disposed of accordingly.
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(Alok Mahra, J.)
03.07.2025 Mamta
2025:UHC:5715