C482/938/2012 of SUMIT and ANR. Vs YASHWANT SINGH

C-482 Petition No. 938 of 2012

U.C.Dhyani, J.

Mr. Rakesh Kumar Joshi, Advocate,

present for applicants.

None is present for the respondent no. 2,

despite service of notice.

By means of present application under

Section 482 Cr.P.C., the applicants seek to quash the charge-sheet dated 06.02.2012 as well as the entire proceedings of Criminal Complaint 2341 of 2011, Yashvant Singh vs. Sumit and another, under Sections 504 and 506 of IPC, pending before learned Judicial Magistrate, Khatima, District Udham Singh Nagar.

Submission of learned counsel for the

petitioners is that petitioners are brother and father respectively of the bride Ms. Suman whereas the respondent Yashwant Singh is the husband. The marriage was solemnized on 09.11.2008. When the charge-sheet was submitted against the respondent and all his family members for the offences under Sections 498-A/506 IPC r/w Section ¾ of Dowry Prohibition Act, soon thereafter, as measure of retaliation, the respondent Yashwant Singh filed the impugned complaint implicating several members of the family of bride.

Since the respondent has not turned up

before this Court despite service of notice upon him, therefore, it appears that he is not interested in prosecuting the applicant.

There seems to be substance in the contention of learned counsel for the applicant that if criminal proceedings are allowed to be continued against present applicants, the same will amount to abuse of the process of the Court.

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. As consequence thereof, charge-sheet dated 06.02.2012 as well as the entire proceedings of Criminal Complaint 2341 of 2011, Yashvant Singh vs. Sumit and another, under Sections 504 and 506 of IPC, pending before learned Judicial Magistrate, Khatima, District Udham Singh Nagar., are hereby quashed.

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

(U.C.Dhyani, J.)

20.06.2017