Alvina vs State Of Uttarakhand on 31 July, 2026

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    Uttarakhand High Court

    Alvina vs State Of Uttarakhand on 31 July, 2026

                                                UKHC010016722017
    
    
    
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    HIGH COURT OF UTTARAKHAND AT NAINITAL
           Criminal Misc. Application No. 1167 of 2017
                              31 July, 2026
    
    
    
    1.     Alvina
    2:     Smt. Gulshan
    3:     Vijendra Singh
    
                                                           --Applicants
                              Versus
    1.     State Of Uttarakhand
    2:     Smt. Parul
    
                                                        --Respondents
    
    ----------------------------------------------------------------------
    Presence:-
    Mr. Vipul Sharma and Mr. Maneesh Bisht, learned counsel for the
    applicants.
    Mr. Rakesh Kumar Joshi, learned AGA with Mr. Manoj Bhatt,
    learned Brief Holder for the State.
    ----------------------------------------------------------------------
    Hon'ble Siddhartha Sah, J. (Oral)
    

    By means of the present Criminal Misc.

    Application under Section 482 of the Cr.P.C. the
    applicants have sought quashing of the impugned
    charge sheet no. 192 of 2016 dated 21.12.2016,
    cognizance order dated 28.04.2017 passed by the
    learned Additional Chief Judicial Magistrate, Haridwar
    in Criminal Case No. 701 of 2017 “State vs. Smt.
    Gulshan & Others
    ” under Sections 323, 504, 506, 342
    and 498-A of IPC, Police Station Kotwali Ranipur,
    District Haridwar and the entire proceedings of
    Criminal Case No. 701 of 2017 “State vs. Smt.
    Gulshan & Others
    ” under Sections 323, 504, 506, 342

    SPONSORED

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    and 498-A of IPC, pending in the Court of Additional
    Chief Judicial Magistrate, Haridwar.

    2. From order sheet it is evident that initially
    notices were issued to the respondent no.2 and she
    was duly represented by a counsel, however, later on,
    a statement was made on 27.09.2022 on behalf of the
    learned counsel for respondent no.2 that the counsel
    does not represent respondent no.2 and fresh notices
    be issued to the respondent. Service report dated
    23.11.2022 reveals that notice sent to respondent no.2
    has been received by her brother hence served
    secondary. In such view of the matter, it is apparent
    that though the notice of the pending proceedings
    before this Court are known to respondent no.2 but
    she does not appear to be interested in pursuing the
    matter. Hence, the matter is being heard on merit.

    3. Facts in brief for the purpose of adjudication of
    the present criminal misc. application under Section
    482
    CrPC are as follows:

    4. The respondent no.2 lodged an FIR dated
    31.03 2016 against the applicants which was registered
    as Case Crime No. 80 of 2016 under Sections 323, 504,
    506, 342, and 498A IPC at Police Station Kotwali,
    Ranipur District Haridwar with the allegations that on
    11-5-2015 the respondent no. 2 married Arjun and since
    then Arjun and applicants are torturing the respondent
    no. 2 for and in connection with the demand of dowry
    and on 25-8-2015 Arjun and applicants threatened to kill
    her and again on 16-3-2016 when respondent no. 2 was
    in her in-laws’ house, they locked her and abused her

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    and also committed physical assault with her. A bare
    perusal of the FIR would reveals that there are
    allegations of Maarpeet and harassment etc. However,
    there is no specific averment of cruelty for the purpose of
    dowry demand.

    5. The applicant no. 1 is the married sister-in-law
    and applicant nos. 2 & 3 are mother-in-law and father-

    in-law, respectively, of the respondent no. 2. It is stated
    in the application under Section 482 of Cr.P.C. that the
    marriage of Arjun and respondent no.2 was solemnized
    on 11-5-2015 and after the marriage respondent no. 2
    and Arjun (husband) started to live in Delhi, since Arjun
    was working at Delhi. Due to the adamant attitude of the
    respondent no. 2, Arjun left the job and had withdrawn
    all the relations from the applicants under the pressure
    of respondent no. 2. Due to the ill behaviour of
    respondent no. 2, the relations of applicants were
    adversely affected with the respondent no. 2 and Arjun.
    Consequently applicant nos. 2 & 3 disowned Arjun by
    way of publication in the Newspaper. The respondent no.
    2 and Arjun were residing at House No. A-111, Phase-1,
    Shivalik Nagar, Haridwar separately. It is further the case
    of the applicants that on 20-12-2015 when applicant no.
    1 went to her brother’s rented house at A-111, Phase-I,
    Shivalik Nagar, Haridwar then neighbour of Arjun told
    the applicant no. 1 that on 14-12-2015 Arjun and
    respondent no. 2 went to the parental house of
    respondent no.2 i.e. Dheerwali Jwalapur, District
    Haridwar and they have not returned till today. Then
    applicant no. 1 tried to contact her brother Arjun on his
    mobile number, but phone was switched off and since

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    then applicants are trying to search Arjun. Thereafter
    applicant no. 1 submitted a missing report before Police
    Station Kotwali Ranipur, District Haridwar on 24-12-
    2015 and thereafter one complaint to S.S.P., Haridwar on
    11-2-2016. It is further submitted that aggrieved from
    the complaints preferred by the applicant no. 1 with
    regard to abduction of Arjun, respondent no. 2 lodged
    F.I.R. dated 31-3-2016 being case crime no. 80 of 2016,
    U/s 232, 504, 506, 342 & 498-A I.P.C. at P.S. Kotwali
    Ranipur, District Haridwar as a counterblast. It is further
    submitted that during the pendency of investigation of
    aforesaid F.I.R., respondent no. 2 filed a divorce suit
    before the learned Family Court, Haridwar under section
    13
    of Hindu Marriage Act as O.S. No. 424 of 2016 and
    the suit was decreed ex-parte by Family Court, Haridwar,
    vide judgment and order dated 19.07.2017.

    6. In pursuance to the FIR of the respondent
    no.2, the investigation culminated in filing of charge sheet
    dated 21-12-2016 against the applicants, and in
    pursuance to the charge sheet, the learned Additional
    Chief Judicial Magistrate, Haridwar took cognizance
    against the applicants vide cognizance order dated 28-4-
    2017 and the case was registered as Criminal Case no.
    701 of 2017 ‘State V/s Smt. Gulshan & others’ U/s 323,
    504, 506, 342 & 498-A I.P.C., pertaining to Case Crime
    No. 80 of 2016, P.S. Kotwali Ranipur, District Haridwar.

    7. Assailing the charge sheet, cognizance order
    and the entire proceedings of Case No.701 of 2017
    learned counsel for the applicants submit that even a
    bare reading of the FIR dated 31.03.2016 reveals that the

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    ingredients of offence under Section 498A IPC are not
    established. He has drawn the attention of the Court of
    Section 498-A IPC, which is reproduced hereunder for
    ready reference:-

    “498-A Husband or relative of husband of a woman
    subjecting her to cruelty.

    Whoever, being the husband or the relative of
    the husband of a woman, subjects such woman to
    cruelty shall be punished with imprisonment for a
    term which may extend to three years and shall also
    be liable to fine.

    Explanation.–For the purposes of this section,
    “cruelty means”–

    (a) any wilful conduct which is of such a nature
    as is likely to drive the woman to commit suicide or to
    cause grave injury or danger to life, limb or health
    (whether mental or physical) of the woman; or

    (b) harassment of the woman where such
    harassment is with a view to coercing her or any
    person related to her to meet any unlawful demand for
    any property or valuable security or is on account of
    failure by her or any person related to her to meet
    such demand.”

    8. Learned counsel for the applicants would

    submit that the basic ingredients of 498-A IPC regarding

    the unlawful demand for any property or valuable

    security or is on account of failure by her or any person

    related to her to meet such demand, is totally absent in

    the FIR and as such the very inception the criminal

    proceedings against the applicants are flawed.

    9. Learned counsel for the applicants submit that

    in fact the husband (Arjun) who is the son of applicant

    no. 2 and 3 was living separately as will be evident from

    rent agreement dated 08.11.2015, which is annexed as

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    Annexure No. 3 to the affidavit in support of the Criminal

    Misc. Application. Thus he would submit that father-in-

    law, mother-in-law, and sister-in-law have been residing

    separately, and there has no connection with the couple

    who were living separately.

    10. He further submits that a number of

    complaints were made to the authorities earlier regarding

    the missing of Arjun and ultimately an FIR was lodged at

    Police Station Kotwali, Haridwar on 25.08.2017 against

    the in-laws and the respondent no.2 upon finding that

    when applicant no. 1 went to her brother’s rented house

    at A-111, Phase-I, Shivalik Nagar, Haridwar then

    neighbour of Arjun told the applicant no. 1 that on 14-

    12-2015, Arjun and respondent no. 2 went to the

    parental house of respondent no.2 i.e. Dheerwali

    Jwalapur, District Haridwar and they have not returned

    till that day.

    11. Referring to the Aadhaar cards of applicant

    nos. 2 and 3, learned counsel for the applicants submits

    that the applicant no. 2 was 64 years of age in 2016, and

    now she is 74 years of age and the applicant no. 2 was

    67 years of age in 2016, and now he is 77 years old. He

    would further submit that by virtue of ex-parte divorce

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    decree dated 19.07.2017 passed by learned Family

    Court, Haridwar in O.S. No. 424 of 2016, the marriage

    between husband (Arjun) and respondent no. 2 has been

    dissolved and it is for this reason that she has, in fact

    stopped in participating in the further proceedings of this

    case.

    12. Learned counsel for the applicants has further

    submitted that in fact, respondent no.2, after securing an

    ex-parte divorce decree, has remarried with one Rahul. It

    has been stated so in paragraph number 6 of the

    rejoinder affidavit, and he has invited the attention of the

    Court to paragraph No. 6 of the rejoinder affidavit, which

    is being extracted hereunder for ready reference:-

    “6. That it is also pertinent to mention here that the
    respondent no.2 has remarried now with one Rahul, resident
    of Village Rohalki Kishanpur, Tehsil and District Haridwar
    and she is living with her present husband. Further, her
    name has also been enrolled in voter list with the name of
    her present husband (Rahul), which is evident from
    Panchayat Electoral List-2021. Thus, it is prima facie evident
    on the face of record that the respondent no.2 has falsely
    implicated the applicants in criminal case only to harass.”

    13. Learned counsel for the applicants further

    submitted that no useful purpose would be served in

    letting the matter go into trial, inasmuch as respondent

    no. 2 has already remarried and is living a happy family

    life, and in fact, it would be in the interest of justice that

    the matter may not be permitted to go into trial, and

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    inasmuch as it would be a harassment not only to the

    applicants, but also the respondent no.2 and the

    respondent no.2, in fact, is not even participating in the

    proceedings before this Court.

    14. Learned counsel appearing for the applicants

    has relied upon the judgment of the Hon’ble Supreme

    Court in the case of Sanjay D. Jain and others vs.

    State of Maharashtra and others reported in 2025

    SCC OnLine SC 2090 and invited the attention of this

    Court to para 9 and 10 which are being extracted

    hereunder for ready reference:-

    9. Before examining the FIR along with the complaint of the
    complainant, we may refer to the parameters that are to be
    borne in mind while entertaining the prayer for quashing of
    the FIR. If the allegations made in the FIR or the complaint,
    even when taken at their face value and accepted in their
    entirety do not prima facie constitute any offence or make
    out any case against the accused, quashing of the
    proceedings would be justified. Vague and general
    allegations cannot lead to forming of a prima facie case. As
    regards the ingredients for making out an offence
    punishable under Section 498-A of the Penal Code is
    concerned, the requirement is that there has to be cruelty
    inflicted against the victim which either drives her to
    commit suicide or cause grave injury to herself or lead to
    such conduct that would cause grave injury or danger to
    life, limb or health. The latter part of the provision refers to
    harassment with a view to satisfy an unlawful demand for
    any property or valuable security raised by the husband or
    his relatives. These aspects have been considered in detail
    in a recent decision in Digambar and Another (supra) (to
    which one of us, B.R. Gavai, J, as he then was, was a
    party).

    10. A perusal of the FIR and its consideration in entirety
    indicates that statements of a general nature have been
    made therein as against the present appellants. The
    complainant states that on 07.08.2021 when she had gone
    to her parental house, she had received a call from her

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    mother-in-law raising a demand for clothes and jewellery.

    When she returned to her matrimonial house on
    30.08.2021, she had taken few clothes for the family
    members. Except this statement, all other statements are of
    a general nature as well as vague without any particulars.
    There are other omnibus statements made in the complaint
    without any particulars whatsoever. It is also to be noted
    that for the purpose of constituting an offence punishable
    under Section 498-A of the Penal Code, cruelty as indicated
    in the Explanation to the said provision must be stated to
    be inflicted. The cruelty caused by the husband and his
    family members should be of such nature that it is inflicted
    with the intention to cause grave injury or drive the victim
    to commit suicide or inflict grave injury to herself. Such
    allegations are absent in the present case. We do not find
    that on a complete reading of the complaint, a prima facie
    case for proceeding under Section 498-A of the Penal Code
    has been made out against the appellants.

    15. Placing reliance on the said para nos. 9 and
    10, learned counsel for the applicants would submit the
    case of the applicants is squarely covered by the said
    judgment of the Hon’ble Supreme Court inasmuch as in
    the said judgment regarding the ingredients for making
    out an offence punishable under Section 498-A IPC, it
    has been held that the requirement is that there has to
    be cruelty inflicted against the victim which either drives
    her to commit suicide or cause grave injury to herself or
    lead to such conduct that would cause grave injury or
    danger to life, limb or health. Learned counsel for the
    applicants would submit that the even a bare reading of
    the FIR reveals that nothing is made out according the
    present facts and circumstances of the case. He further
    submits that it is also to be noted that for the purpose of
    constituting an offence punishable under Section 498-A
    of the Indian Penal Code, cruelty as indicated in the
    explanation to the said provision must be stated to be
    inflicted. In the present case that cruelty aspect is
    missing and hence no case is made out under Section
    498-A
    IPC and further other sections do not have been
    invoked and as such in view of the facts and

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    circumstances of the case and in view of the position of
    law as enunciated by the Hon’ble Supreme Court in the
    case of Sanjay D. Jain and others (supra), in the
    interest of justice and to prevent the abuse of process of
    law, the present Criminal Misc. Application under
    Section 482 of Cr.P.C. deserves to be allowed and the
    proceedings deserve to be quashed.

    16. Per contra learned counsel for the State
    submits that charge sheet has been filed against the
    applicants after thorough investigation under Section
    498A and other sections, and as such, case is made out,
    and the learned Additional Chief Judicial Magistrate,
    Haridwar has not committed any error in passing the
    impugned summoning order, and hence, it is submitted
    that since the charge sheet has been submitted after due
    investigation, and cognizance has been taken, there is no
    scope for interference under Section 482 CrPC.

    17. Having heard learned counsel for the parties
    and after going through the record and particularly on a
    thread bare reading of the FIR, it is evident that the
    aspect of cruelty for the purpose of the necessary
    ingredients to constitute cruelty as envisaged in the
    explanation under Section 498-A (b) of IPC are totally
    absent, though there are several other allegations
    regarding commission of marpeet, etc. but they do not
    have any bearing inasmuch as it is the case of the
    applicants that they have been living separately and the
    couple in fact was living separately in a rented
    accommodation as it is evident from the rent agreement.

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    It is also striking feature of the case that in fact the
    husband (Arjun) has gone missing and in fact he has
    been last seen with the respondent no.2 and his in-laws.
    It is also clear from record that decree of divorce has
    been passed in favour of the respondent no.2 and
    thereafter she has remarried. Hence, in such view of the
    matter, particularly when the respondent no. 2 is not
    participating in the proceedings of the present criminal
    case, it would be in the interest of justice that the matter
    should not be permitted to go into trial inasmuch as the
    respondent no.2 is not willing and ready to participate in
    the proceedings.

    18. In this context, a reference is also to be made
    of the judgment of the Hon’ble Supreme Court in the case
    of “B.S. Joshi and others vs. State of Haryana and
    another
    ” reported (2003) 4 SCC 675, where in
    somewhat similar situation the Hon’ble Supreme Court
    has granted the indulgence and the said judgment has
    been followed by this Court in several judgments. Hence,
    after considering the entire conspectus of the case and in
    view of the settled position of law on the subject, it would
    be an abuse of process of law if the matter is permitted to
    go to the trial. Consequently, the present Criminal Misc.
    Application under Section 482 of Cr.P.C deserves to be
    allowed and in the interest of justice the charge sheet,
    summoning order and entire proceeding deserve to be
    quashed.

    19. The Criminal Misc. Application is allowed. The
    charge sheet no. 192 of 2016 dated 21.12.2016,
    cognizance order dated 28.04.2017 passed by the learned

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    Additional Chief Judicial Magistrate, Haridwar in
    Criminal Case No. 701 of 2017 “State vs. Smt. Gulshan &
    Others
    ” under Sections 323, 504, 506, 342 and 498-A of
    IPC, Police Station Kotwali Ranipur, District Haridwar
    and the entire proceedings of Criminal Case No. 701 of
    2017 “State vs. Smt. Gulshan & Others
    ” under Sections
    323
    , 504, 506, 342 and 498-A of IPC, pending in the
    Court of Additional Chief Judicial Magistrate, Haridwar
    are hereby quashed.

    (Siddhartha Sah, J.)
    31.07.2026
    Nahid

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