C482/414/2013 of Nishi Kant Rai Vs Smt. Meeta

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 414 of 2013 (Under Section 482 Cr.P.C.)

Nishi Kant Rai

Smt. Meeta

….…… Applicant

versus

………. Respondent

Mr. B.S. Kathait, Advocate holding brief of Mr. Siddhartha Sah, Advocate for the applicant. None is present on behalf of the respondent.

U. C. Dhyani, J. (Oral)

By means of present application under Section 482 Cr.P.C., applicant seeks to quash the summoning order dated 23.01.2013, under Sections 498A, 323, 504, 506 of IPC r/w Section ¾ Dowry Prohibition Act, passed by Ist Additional Civil Judge (Jr. Div.)/Judicial Magistrate, U.S. Nagar, Rudrapur, in Misc. Criminal Case No.1947 of 2012 (Smt. Meeta vs. Nishikant Rai & others), pending in the Court of Ist Additional Civil Judge (Jr. Div.)/ Judicial Magistrate, U.S. Nagar, Rudrapur.

2. Learned counsel for the applicant submitted that the applicant was acquitted in the State case arising out of FIR lodged under Section 498A IPC read with Section ¾ Dowry Prohibition Act, vide order dated 06.07.2010.

3. Notice was issued to respondent, but none has turned up on her behalf.

4. It appears that the complainant is not interested in prosecuting the accused-applicant.

5. At the time of admission of present C-482 petition, this Court passed an interim order, vide order dated 25.04.2013, and stayed the criminal case initiated against applicant, pending in the Court of Ist Additional Civil Judge (Jr.Div.)/Judicial Magistrate, U.S. Nagar, Rudrapur, till the next date of listing.

6. There seems to be substance in the contention of leaned counsel for the applicant that the criminal proceedings initiated against the applicant are nothing but abuse of process of the Court.

7. It will be futile exercise to keep present petition under Section C-482 Cr.P.C. pending in this Court.

8. The Court can intervene in exercise of jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law, as has been held by Hon’ble Apex Court in Rajiv Thapar and others vs. Madan Lal Kapoor (2013) 3 SCC 330, Amit Kapoor vs. Ramesh Chander and another, 2013 (1) SCC (Crl.) 986 and Inder Mohan Gosami and another vs. State of Uttarakhand and others, (2008) 1 SCC (Crl.) 259.

9. The petition under Section 482 Cr.P.C. is, therefore, allowed. The summoning order dated 23.01.2013, under Sections 498A, 323, 504, 506 of IPC r/w Section ¾ Dowry Prohibition Act, passed by Ist Additional Civil Judge (Jr. Div.)/Judicial Magistrate, U.S. Nagar, Rudrapur in Misc. Criminal Case No.1947 of 2012 (Smt. Meeta vs. Nishikant Rai & others), pending in the Court of Ist Additional Civil Judge (Jr. Div.)/Judicial Magistrate, U.S. Nagar, Rudrapur, are hereby quashed.

10. Since present application under Section 482 Cr.P.C. is being decided in the absence of respondent, therefore, liberty is granted to her to move for recall of this order, if she feels aggrieved with the same.

(U. C. Dhyani, J.)

A.kaur