C482/454/2013 of Harendra Singh Bhandari Vs Smt. Rukama Devi

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 454 of 2013 (Under Section 482 Cr.P.C.)

Harendra Singh Bhandari

Smt. Rukama Devi

….…… Applicant

versus

………. Respondent

Mr. R.P. Nautiyal, Sr. Advocate assisted by Ms. Varsha Sharma, 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 order dated 05.02.2013 under Section 494/498A of IPC, passed by Judicial Magistrate, Karanprayag, District-Chamoli, in Criminal Case No.377 of 2012 (Harendra Singh Bhandari vs. State & another), pending in the Court of Judicial Magistrate 1[st], Karanprayag, Tharali.

2. Learned counsel for the applicant submitted that as per the contention raised in the complaint, complainant is residing separately from applicant right from 2013 while present complaint was filed in 2009 saying when applicant came on leave, he told the complainant that grievance of his parents about the less dowry is correct. Learned counsel for the applicant also submitted that on the fact of it, no offence punishable under Section 498-A of IPC is made out, therefore, summoning is bad in the eyes of law.

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 07.05.2013, and stayed the criminal case initiated against applicant under Section 494/498A of

IPC, pending in the Court of Judicial Magistrate 1[st], Karanprayag, Tharali, 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.

6. The petition under Section 482 Cr.P.C. is, therefore, allowed. The order dated 05.02.2013, under Section 494/498A of IPC, passed by Judicial Magistrate, Karanprayag, District-Chamoli, in Criminal Case No.377 of 2012 (Harendra Singh Bhandari vs. State & another) pending in the Court Judicial Magistrate 1[st], Karanprayag, Tharali, are hereby quashed, qua applicant only.

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.

A.kaur

(U. C. Dhyani, J.)

12.07.2017