2025:UHC:5682 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 932 of 2024 03 July, 2025 Vipin --Applicant Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Nalin Saun, learned counsel for the applicant. Mr. S.S. Chauhan, learned D.A.G. with Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand/ respondent No.1. Despite sufficient service, neither the respondent No.2 nor her counsel, is present before this Court. Hon’ble Pankaj Purohit, J. (Oral) Heard learned counsel for the parties. 2. By means of the present C482 application, the applicant has challenged the charge-sheet dated 27.04.2016, cognizance/summoning order dated 24.04.2017 along with the entire proceedings of Criminal Case No.1633 of 2017 State Vs. Vipin and another, pending in the Court of learned Chief Judicial Magistrate, Dehraudn, for the offences punishable u/s and 504 IPC. 3. The facts in brief are that respondent No.2 lodged an FIR on 07.03.2016 at P.S. Prem Nagar, Dehradun against the unknown persons (driver of vehicle No.UP07BM7461 and two others) alleging therein that she is student of BBA 2nd year in UPES and on 06.03.2016 at about 6-7 PM, while she was outside the campus with her classmate Achin, these persons teased her and on being protested, two-three 1 2025:UHC:5682 persons came out from the vehicle and assaulted and abused her and her classmate. 4. Learned counsel for the applicant submits that the applicant was not named in the FIR and there is delay of one day in lodging the FIR, which was not explained. There is no medical evidence to substantiate the allegations made in the FIR and no independent witness of the alleged incident. 5. He further submits that after the said incident and after lodging of the FIR, respondent No.2 herself moved a letter to the SHO, P.S. Prem Nagar, Dehradun, where, she clearly stated that under heat of passion, she lodged the said FIR and in fact, a minor altercation took place on that day and further stated that she does not want any further proceeding pursuant to the said FIR. The letter written by the respondent No.2 to SHO, P.S. Prem Nagar, Dehradun, is annexed as Annexure No.2 to the present C482 application, which is duly signed by the respondent No.2. 6. Having heard the learned counsel for the applicant and having gone through the entire material available on record, this Court is of the view that since the respondent No.2 is not present before this Court either herself or through her counsel, since, it seems that no compromise has arrived at between them therefore, the veracity of said letter annexed as Annexure No.2 cannot be ascertained at this stage. Furthermore, the first information report was lodged and investigated and after investigation, charge-sheet has been submitted, this Court doesn’t want to interfere 2 2025:UHC:5682 in the matter. This Court under Section 482 of Cr.P.C. cannot embark upon a fact finding inquiry which can only be done by the learned Trial Court. The allegations and counter allegations can only be proved in the learned Trial Court by adducing evidences by both the parties. This case does not fall in the ‘rarest of rare’ category for invoking the inherent powers of this Court. 7. Accordingly, the C482 application is dismissed. (Pankaj Purohit, J.) 03.07.2025 PN 3 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fad be38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCA E81FAE064498483A83D84BDB0F9229D5BF 08D959AC, cn=PREETI NEGI Date: 2025.07.04 16:22:55 +05'30'