C482/134/2013 of RADHA AND OTHERS Vs STATE OF UTTARAKHAND AND ANOTHER

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 134 of 2013 (Under Section 482 Cr.P.C.)

Radha & others

….…… Applicants

versus

State of Uttarakhand and Another ………. Respondents

Mr. Prem Kaushal, Brief Holder for the State. None is present on behalf of the respondent no.2.

U. C. Dhyani, J. (Oral)

By means of present application under Section 482 Cr.P.C., applicants seek to quash the summoning order dated 06.08.2011, under Sections 452, 323, 504, 506 of IPC passed by the 1[st]Additional Civil Judge (Junior Division)/Judicial Magistrate, Rudrapur, District-Udham Singh Nagar in Criminal Case No.319 of 2011 (Sapan Adhikari vs. Radha & others), pending in the Court of 1[st] Additional Civil Judge (Junior Division)/Judicial Magistrate, Rudrapur, District-Udham Singh Nagar.

2. Learned counsel for the applicants submitted that applicant no.1 is admittedly wife of respondent no.2 (complainant). It is further submitted that applicant nos.2 & 3 are the neighbours of the applicant no.1. It is argued that after the matrimonial discord with the respondent no.2 since the applicant no.1 is not living with him, he (respondent no.2) has made false complaint against the applicant no.1 to harass her and her neighbours. It is contended that it is nothing but abuse of process of law.

3. Notice was issued to respondent no.2, but none has turned up on his behalf.

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

5. At the time of admission of present C-482 petition, this Court passed an interim order, vide order dated 13.02.2013, and stayed

the criminal complaint case initiated against applicant under Sections 452, 323, 504, 506 of IPC, pending in the Court of 1[st] Additional Civil Judge, (Junior Division)/Judicial Magistrate, Rudrapur, District-Udham Singh Nagar, till the next date of listing.

6. There seems to be substance in the contention of leaned counsel for the applicants that the criminal proceedings initiated against the applicants 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 06.08.2011, under Sections 452, 323, 504, 506 of IPC passed by the 1[st] Additional Civil Judge (Junior Division)/Judicial Magistrate, Rudrapur, District-Udham Singh Nagar in Criminal Case No.319 of 2011 (Sapan Adhikari Vs. Radha & others), pending in the Court of 1[st] Additional Civil Judge (Junior Division)/Judicial Magistrate, Rudrapur, District-Udham Singh Nagar, are hereby quashed, qua applicants only.

10. Since present application under Section 482 Cr.P.C. is being decided in the absence of respondent no.2, therefore, liberty is granted to him to move for recall of this order, if he feels aggrieved with the same.

(U. C. Dhyani, J.)

06.07.2017