C482/260/2012 of SMT. CHAPLA AND ORS Vs STATE OF UTTARAKHAND AND ANR

C-482 No. 260 of 2012

U.C. Dhyani, J.

Mr. Sudhir Kumar, Advocate for the

applicants.

Mr. S.S. Adhikari, Brief Holder for the State.

None is present for the respondent no. 2.

By means of this present petition, moved under Section 482 Cr.P.C, the applicants have sought quashing the impugned order dated 05.08.2011 passed in Criminal Complaint case No. 533 of 2011, Smt. Amita @ Anita vs. Amal Rai and others and the order dated 17.11.2011 passed by Sessions Judge, Udham Singh Nagar in Criminal Revision No. 219 of 2011, Thakur Rai and others vs. Smt. Amita and others; and the proceedings of the Criminal Case No. 533 of 2011; Smt. Amita @ Anita Vs. Amal Rai and others under Sections 498-A, 504 and 506 IPC pending before the Judicial Magistrate, Rudrapur, Udham Singh Nagar. Since respondent no. 2 has not turned up before this Court despite service of notice upon him, therefore, it appears that she is not interested in prosecuting the applicant.

Learned counsel for the applicants submitted that applicant no.1 is mother-in-law, who is patient of cancer. Applicant no. 2 is brother-in-law (JETH) and applicant no. 3 is sister-in-law (JETHANI) of the respondent no. 2. It is further pointed out that all are the residents of District Udham Singh Nagar. It is further pointed out that complainant (respondent no. 2 Amita @ Anita) used to live separately from the applicants with her husband in District Rampur (Uttar Pradesh). It is argued that it is abuse of process of law on the part of the complainant to implicate the applicants in the criminal complaint case after the husband of the respondent no. 2 filed divorce petition before the Rampur Court.

There seems to be substance in the

aforesaid contention of learned counsel for the applicants.

When the foundation of criminal offence is not laid against the present applicants, the Court can intervene in exercise of jurisdiction under Section 482 Cr.P.C.

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

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.

The petition under Section 482 of Cr.P.C. is allowed. The criminal proceedings of summoning order dated 05.08.2011 passed in Criminal Complaint case No. 533 of 2011, Smt. Amita @ Anita vs. Amal Rai and others and the order dated 17.11.2011 passed by Sessions Judge, Udham Singh Nagar in Criminal Revision No. 219 of 2011, Thakur Rai and others vs. Smt. Amita and others; and the proceedings of the Criminal Case No. 533 of 2011; Smt. Amita @ Anita Vs. Amal Rai and others under Sections 498-A, 504 and 506 IPC pending before the Judicial Magistrate, Rudrapur, Udham Singh Nagar are hereby set aside and quashed.

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

(U.C. Dhyani, J.)

08.05.2017