C482/22/2012 of VIRENDER DHIMAN AND ORS Vs DEVENDER KUMAR

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 22 of 2012 (Under Section 482 Cr.P.C.)

Virender Dhiman & others

Devender Kumar

….…… Applicants

versus

………. Respondent

Mr. S.K. Shandilya, Advocate for the applicants. None is present on behalf of the respondent.

U. C. Dhyani, J. (Oral)

By means of present application under Section 482 Cr.P.C., applicants seek to quash the order dated 23.07.2011 under Sections 498, 506 of IPC, passed by Additional Chief Judicial Magistrate, Roorkee, District-Haridwar, in complaint Case No.5032 of 2011 (Devender vs. Mayank Dhiman & others), pending in the Court of Additional Chief Judicial Magistrate, Roorkee, District-Haridwar.

2. Learned counsel for the applicants submitted that the complainant has come up with improbably story that his wife, who is mother of two children, and aged more than 30 years, was enticed for getting married to Mayank (applicant no.3), who is student of class 10[th] and aged 17 years. It is pleaded that it is abuse of process of law on the part of the complainant to implicate the applicants in false criminal complaint to pressurize them in case filed on their behalf.

3. Notice was issued to respondent, 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 06.01.2012, and stayed the criminal complaint case initiated against applicant under Sections 498, 506 of IPC, pending in the Court of Additional Chief Judicial Magistrate, Roorkee, District-Haridwar, 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.

6. The petition under Section 482 Cr.P.C. is, therefore, allowed. The order dated 23.07.2011, under Sections 498, 506 of IPC, passed by Additional Chief Judicial Magistrate, Roorkee, District-Haridwar, in Complaint Case No.5032 of 2011 (Devender vs. Mayank Dhiman & others) pending in the Court Additional Chief Judicial Magistrate, Roorkee, District-Haridwar, are hereby quashed, quaapplicants only.

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

A.kaur

(U. C. Dhyani, J.)

12.07.2017