Uttarakhand High Court
C528/533/2026 on 27 March, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C-528 No.533 of 2026
Hon'ble Alok Mahra, J.
Mr. M.S. Pal, learned senior counsel
assisted by Mr. Sparsh Gupta, learned
counsel for the applicant.
2. Mr. B.N. Molakhi, learned Deputy A.G.
for the State.
3. Present C-528 application has been
filed to quash the charge-sheet, summoning
order dated 09.07.2025 passed in Criminal
Case No.4936 of 2024 under Sections 323,
498-A, 504 I.P.C. and 3/4 of Dowry
Prohibition Act by learned 1st Addl. Chief
Judicial Magistrate, Dehradun as well as the
entire criminal proceedings of the aforesaid
case.
4. Learned counsel for the applicant
would submit that the present matter arises
out of matrimonial discord between the
parties. It is submitted that the applicant
no.1 and respondent no.3 are husband and
wife and their marriage was solemnized on
14.02.2020. After some time of marriage,
certain matrimonial disputes arose between
them, primarily because respondent no.3
was not willing to reside with the parents of
applicant no.1.
5. It is further submitted that applicant
no.1 is serving as a Ground Duty Officer in
the Indian Air Force and due to the aforesaid
dispute the respondent no.3 started living
separately from the family of applicant no.1.
It is also submitted that applicant no.1 had
filed a divorce petition under Section 13 of
the Hindu Marriage Act on 01.10.2022, in
which notice was issued to respondent no.3
on 07.01.2023. Learned counsel contends
that after receiving the notice of the divorce
proceedings, respondent no.3, with a view to
harass and victimize the applicant and his
family members, lodged the present F.I.R. on
30.01.2023. It is therefore argued that the
criminal proceedings initiated against the
applicants are malicious and an abuse of the
process of law.
6. This Court finds substance in the
submissions advanced by the learned
counsel for the applicants, which require
consideration.
7. Issue notice to respondent no.3,
returnable within four weeks.
8. Steps to be taken within one week.
9. List after service of notice upon
respondent no.3.
10. Objections, if any, be filed in the
meantime.
11. As an interim measure, it is directed
that further proceedings of Criminal Case
No.4936 of 2024 under Sections 323, 498-A,
504 I.P.C. and 3/4 of Dowry Prohibition Act
pending in the court of learned 1st Addl.
Chief Judicial Magistrate, Dehradun shall
remain stayed till the next date of listing.
12. Stay application stands disposed of
accordingly.
(Alok Mahra J.)
27.03.2026
Mamta
