2025:UHC:4738 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 489 of 2023 10 June, 2025 Mohan Singh & others --Applicants Versus State Of Uttarakhand Through S.s.p. Chamoli Distt. Chamoli & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Yogesh Pacholia, learned counsel for the applicants. Ms. Sweta Badola Dobhal, learned Brief Holder for the State. Mr. Jayvardhan Kandpal, learned counsel for respondent no.2. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of present C482 application, applicant has put to challenge the charge-sheet dated 22.11.2022; summoning order dated 10.02.2023 as well as the entire proceedings of Criminal Case No.12 of 2023, State vs. Manoj Singh & others, under Sections 498-A, 504, 506 & 120-B IPC and Section 3/4 of the Dowry Prohibition Act, pending in the court of learned Judicial Magistrate, Tharali, District Chamoli. 2. Facts in brief are that respondent no.2 lodged the first information report against the applicants with the allegations that after solemnization of marrgie between applicant no.1 and respondent no.2 as per Hindu Rites and rituals on 21.05.2019, applicants started demand of dowry; also humiliated her by forcing 1 2025:UHC:4738 her to get out from her matrimonial house. It is also alleged in the FIR that applicant no.1 taunted respondent no.2 that the gold ornaments which she had brought with her at the time of marriage are not original one. It is further alleged in the FIR that all other allegations leveled in the FIR are also of serious nature. 3. After investigation, the charge-sheet was submitted by the police against the applicants on 22.11.2022. Thereupon, learned Magistrate issued summons to the applicants on 10.02.2023 in Criminal Case No.12 of 2023, State vs. Manoj Singh & others. 4. Heard learned counsel for the parties. 5. Learned counsel for the applicant submits that the FIR dated 14.06.2020 is a counter blast to the proceedings initiated by applicant no.1 in terms of filing a divorce petition on the ground of cruelty under Section 13(1) (i), (ia) of the Hindu Marriage Act, 1955 which was filed on 17.05.2022. He further submits that after solemnization of marriage, applicant no.1 went to his place of duty in Delhi, where he came to know that her wife (respondent no.2) is having some extra marital affairs with one person namely, Darshan Singh Mehra and this fact got corroborated by applicant no.1 in a WhatsApp Chat between the respondent no.2 and Darshan Singh. 6. Counter affidavit is filed on behalf of respondent no.2. In the said counter affidavit, it has been stated that applicants tortured respondent no.2 for dowry and they forcefully thrown her out from her matrimonial house. There was no fault on the part of respondent no.2 and she always made efforts to satisfy her husband and his family members, she performed her matrimonial 2 2025:UHC:4738 obligations with full faith and respect towards them. He further submits that the learned trial court after appreciating the evidence available on record rightly summoned the applicant. 7. Rejoinder affidavit to the counter affidavit filed by respondent no.2 is also on record. In the rejoinder affidavit the averments made in the C482 application have almost been reiterated. 8. I have heard learned counsel for the parties and carefully perused the entire documents available on record. 9. The first and foremost argument advanced on behalf of learned counsel for the applicant that the instant FIR is the counter blast to the divorce petition filed by the applicant no.1, has no relevance at this stage. In the counter affidavit, filed on behalf of respondent no.2, it is clearly stated that on 17.02.2022, she made an application to the SDM, Tharali, District Chamoli; thereafter another application dated 02.05.2022 was moved by her before the Member Secretary, Uttarakhand State Women Commission for registration of case against the applicants, whereupon, FIR No.01 of 2022, which is the subject matter of present case, could be lodged on 14.06.2022. It is an admitted case of the applicants that divorce petition was filed by applicant no.1 on 17.05.2022. Since the FIR was lodged by respondent no.2 on 02.05.2022 of which chick was registered on 14.06.2022, the argument of present case being a counterblast one cannot sustain and the same is accordingly overturned. 10. There are cross allegations between the parties which can only be proved by the parties on leading 3 2025:UHC:4738 evidence during trial. Factual disputes cannot be gone into before this Court while hearing a C482 application. This Court while sitting in the inherent jurisdiction under Section 482 of Cr.P.C. is not enjoined to sift the evidence between the parties and the same can be done only by the trial court. Accordingly, no case is made out to interfere in the present C482 application and the same is dismissed. 11. Pending application, if any, stands disposed of accordingly. 12. Interim order, if any, stands vacated. (Pankaj Purohit, J.) 10.06.2025 AK 4