2026:UHC:3361 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/3/2026 Hon’ble Alok Mahra, J. Mr. Suryakant Maithani, learned counsel for the applicant. 2. Mr. B.N. Maulakhi, learned Deputy A.G. along with Mr. Nikhil Bisht, learned Brief Holder for the State. 3. Despite sufficient service, none has put in appearance on behalf of respondent no. 2. 4. Present C-528 application has been filed by the applicant seeking quashing of the charge-sheet as well as the summoning/cognizance order dated 08.09.2025 passed in Criminal Case No. 6287 of 2025, under Section 498-A I.P.C., by the learned Additional Chief Judicial Magistrate, Dehradun, along with the entire proceedings of the aforesaid case. 5. Learned counsel for the applicant submits that respondent no. 2 had lodged an F.I.R. against the applicant and his family members, pursuant to which the Investigating Officer, after completion of investigation, submitted a charge-sheet against the present application under Section 498-A I.P.C.; that, the court below, upon taking cognizance, summoned the applicant. It is contended that a bare perusal of the F.I.R. and the material collected during 2026:UHC:3361 investigation does not disclose the essential ingredients of the offence under Section 498-A I.P.C., inasmuch as there is no allegation of any wilful conduct likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health, nor is there any specific allegation relating to demand of dowry. 6. Learned counsel for the applicant would further submit that during the pendency of proceedings, the applicant instituted Original Suit No. 1384 of 2024 under Section 13(1)(a) of the Hindu Marriage Act before the competent Family Court; that, despite service of notice, respondent no. 2 failed to appear, and the said suit was decreed ex parte vide judgment and decree dated 03.11.2025, whereby the marriage between the parties stood dissolved; that, the said decree has attained finality, as it has not been assailed before any superior court. It is also submitted, on instructions, that respondent no. 2 has since remarried to another person. 7. From a perusal of the judgment and decree dated 03.11.2025 passed by the learned Principal Judge, Family Court, Dehradun, it transpires that the court recorded a categorical finding that no cruelty was committed by the applicant and, on the contrary, held the conduct of the wife to amount to desertion without sufficient cause and cruelty. The said findings have attained finality in the absence of any challenge. Moreover, 2026:UHC:3361 despite due service, respondent no. 2 has neither appeared before the Family Court nor before this Court to contest the present proceedings. 8. In the aforesaid factual backdrop, particularly in view of absence of prima facie material constituting an offence under Section 498-A I.P.C., the unchallenged decree of divorce recording findings negating cruelty, and the subsequent conduct of respondent no. 2, no useful purpose would be served in permitting the criminal proceedings to continue. 9. Accordingly, the C-528 application is allowed. The charge-sheet as well as the summoning/cognizance order dated 08.09.2025 passed in Criminal Case No. 6287 of 2025, under Section 498-A I.P.C., by the learned Additional Chief Judicial Magistrate, Dehradun, and the entire proceedings arising therefrom are hereby quashed. 10. All pending applications, if any, stand disposed of. (Alok Mahra, J.) 02.05.2026 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b66 dd26690a191648ab5d8dd004 ef0, cn=MAMTA RANI Date: 2026.05.05 10:32:33 +05'30' 2026:UHC:3361