Judgment · High Court

Mr. Kailash Chandra, learned counsel for t he applicant s.

Mr. V. N. Maulekhi, learned DAG for t he St at e. as well The crim inal m isc. applicat ion has 3. been filed under Sect ion 482 of Cr.P.C. for quashing t he cognizance order dat ed 30.10.2014, passed by t he ACJM, 2 nd Dehradun ent ire proceedings of Case Crim e No.357 of 2013 ( Crim inal Case No.97 of 2015) ,’ under Sect ions 498A, 504, 506 of I PC and Sect ions 3/ 4 of Dowry Prohibit ion Act , pending in t he court of 2 nd Addl. Dist rict , Chief Dehradun. Judicial Magist rat e, t he

Heard part ies. learned counsel t he I t is argued by learned counsel for 5. is purely a t hat t he applicant s m at rim onial disput e bet ween t he part ies; com prom ise has t aken place bet ween t he t he part ies part ies; accordingly, bot h ( husband ( applicant no.1) and wife ( respondent no.3) m oved an applicat ion under Sect ion 13B of Hindu Marriage Act before t he Principal Judge, Fam ily Court , Dehradun, which was allowed vide order dat ed 16.11.2015. From t he perusal of t he record, it is 6. clear t hat writ t en inform at ion was given t o P.S. Pat elnagar, Dist rict Dehradun against t he t he privat e respondent applicant s; accordingly, on 01.12.2013 an FI R No.319 of 2015 was lodged. Aft er invest igat ion t he 2 nd Addl. subm it t ed, accordingly, Chief Dist rict cognizance on Dehradun 30.10.2014. Judicial Magist rat e, charge- sheet t ook t he

From t he perusal of t he record, is is also clear t hat t he applicant no.1 and respondent no.3 filed a pet it ion before Judge, Fam ily Court , t he Principal Dehradun under Sect ion 13B of Hindu Marriage Act , which was regist ered as t he O.S.No.387 of 2015 Principal Judge, Fam ily Court , found t hat t he said applicat ion was j oint ly wit hout any coercion; accordingly, t he concerned court allowed t he pet it ion filed under Sect ion 13B of Hindu Marriage Act , it is clear t hat t he m at rim onial disput e has com e t o end when an applicat ion was filed under Sect ion 13B of Hindu Marriage Act . in which t hey are t he FI R, which was

Since applicant no.1 and respondent no.3 have been grant ed divorce on m ut ual ground under Sect ion 13B of t he Hindu Marriage Act in t he year 2015, living separat ely; t hereaft er, t hat , lodged by respondent no.3 under Sect ions 498A, 504 and 506 I PC and Sect ion 3/ 4 of Dowry Prohibit ion Act , was lodged in a fit of rage, as at t he t im e of lodging of t he t he t he FI R, applicant s and respondent no.3 was st rained. Aft er decree of divorce passed under Sect ion 13B of Hindu Marriage Act , t he part ies are proceedings under Sect ions 498A, 504 and 506 I PC and Sect ion 3/ 4 of Dowry Prohibit ion Act , which were init iat ed prior t o be t o grant of divorce, deserve living separat ely and relat ionship bet ween quashed, as it has becom e redundant , as t he allegat ions arise out of m at rim onial disput e.

By direct ing t he applicant s t o face t he t rial for offence under Sect ions 498A, 504 and 506 I PC and Sect ion 3/ 4 of Dowry Prohibit ion Act , aft er t en years of grant of m ut ual divorce would am ount subj ect ing t hem t o harass. is allowed and

I n view of t he above, t he present crim inal m isc. applicat ion filed U/ s 482 Cr.P.C. t he ent ire proceedings of Case Crim e No.357 of 2013 ( Crim inal Case No.97 of 2015) ,’ under Sect ions 498A, 504, 506 of I PC and Sect ions 3/ 4 of Dowry Prohibit ion Act , pending in t he court of 2 nd Addl. Chief Dist rict , Dehradun, is hereby quashed, qua t he applicant s. Judicial Magist rat e,

Pending applicat ion, if any, st ands disposed of. ( A l o k M a h r a , J.)

07.08.2025 BS BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7c e8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00 A7A13C14A680C3FA90, cn=BALWANT SINGH