Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6809
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.1690 of 2016
Hon’ble Alok Mahra, J.
Mr. Devansh Dhiman and Ms. Sukhwani Singh, learned counsel holding brief of Mr. Parikshit Saini, learned counsel for the applicants.
2. Mr. V. N. Maulekhi, learned DAG for the State.
3. No representation for the private respondent.
4. This C-482 application has been filed by the applicants to quash the impugned summoning/ cognizance order dated 31.07.2014 passed by Chief Judicial Magistrate, District Dehradun in Criminal Case No. 2301 of 2014 ‘State Vs. Anuj Sharma & Others’, as well as the entire criminal proceedings of the aforesaid case.
5.
Brief facts of the case, as borne from the record, are that respondent no.2 lodged an FIR on 30.11.2013 against the present applicants with allegations that she has married with Anuj Sharma, as a love marriage, on 24.10.2016 at Laxman Siddh Mandir, Harrawala, Dehradun and went for honeymoon to Mussoorie and thereafter joined the family of the applicants and subsequently become pregnant; that, due to some medical complications the pregnancy was terminated; that, after one year of marriage, Anuj Sharma (husband of respondent no.2) pressurized the complainant to give her
2025:UHC:6809
divorce; that, physical relations were made on the pretext that Anuj Sharma claims to be her husband and thus, she was sexually harassed, thereafter, FIR was lodged under Section 376, 493, 498A and 120B of IPC. After completion of the investigation, a charge-sheet was submitted against the present applicants, and cognizance was taken by the learned trial court.
6.
Learned counsel for the applicants would submit that the applicants have been falsely implicated in the case; that, after lodging the FIR, the applicants filed criminal writ petition in which the Coordinate Bench of this Court vide order dated 04.12.2013 granted stay of arrest in favour of the applicants; that, during this interregnum son of the applicant no.1 i.e. Anuj Sharma settled the dispute with respondent no.2 and they are living together as husband and wife. He would further submit that respondent no.2 has also filed a compounding application before the Coordinate Bench of this Court in which the Coordinate Bench of this Court allowed the compounding application and quashed the proceedings arising out of same aforesaid FIR.
7. He would further submit that the Investigating Officer, without conducting a fair and proper investigation, submitted the charge-sheet against the applicants, and the learned trial court, without due
consideration of the facts and materials on record, passed the summoning order. Hence, the entire proceedings are vitiated and liable to be quashed.
8. Per contra, learned State counsel vehemently opposes the application and would submit that the charge-sheet was
2025:UHC:6809
filed after a thorough investigation and the learned trial court took cognizance based on material available on record.
9. After going through the record and hearing the arguments advanced by
learned counsel both the parties, in the present case, there is no iota of evidence that the applicants were involved either actively and passively, as the criminal case has already been quashed against Anuj Sharma (husband of respondent no.2).
10. Accordingly, the present criminal misc. application filed U/s 482 Cr.P.C. is allowed and the entire proceedings of Criminal Case No. 2301 of 2014 ‘State Vs. Anuj Sharma & Others’, pending before the Chief Judicial Magistrate, District Dehradun, is hereby quashed, qua the applicants.
(Alok Mahra, J.)
01.08.2025 BS
BALWAN T SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02f e2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE 5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.08.04 17:36:16 +05'30'