Uttarakhand High Court
C528/2323/2025 on 7 April, 2026
Office Notes, reports,
orders or proceedings
SL.
No.
Date or directions and COURT'S OR JUDGE'S ORDERS
Registrar's order with
Signatures
C-528 NO.2323 of 2025
Hon'ble Alok Mahra, J.
Mr. Pooran Singh Rawat and Mr.
Abhishek Singh Rawat, learned counsel for
the applicant.
2. Mr. Deepak Bisht, learned Deputy A.G.
for the State.
3. Present C-528 application has been
filed seeking to quash/set aside the charge-
sheet as well as the cognizance/summoning
order dated 06.11.2025 passed in Criminal
Case No. 2338 of 2025 by the learned Addl.
Chief Judicial Magistrate/1st Addl. Civil
Judge, Rudrapur, District Udham Singh
Nagar, under Sections 420, 467, 468, 471,
120-B, 504, 506 and 34 I.P.C., along with
the entire criminal proceedings of the
aforesaid case.
4. Learned counsel for the applicants
would submit that an F.I.R. has been
lodged by the informant alleging therein
that one Nihal Suman, Sonali Suman and
Shivani Suman along with the present
applicants forged the salary slip and other
documents of the informant and obtained a
loan of ₹6,00,000/-. It is further alleged
that after investigation, the charge-sheet
has been filed against the applicants and
other co-accused persons. Thereafter, a
supplementary charge-sheet has also been
submitted alleging that accused Nihal
Singh, in connivance with the present
applicants, topped up the loan amount to
the tune of ₹7,45,000/- and ₹5,29,000/-.
5. He would further submit that
applicant no.1 is the legally wedded wife of
respondent no.2; that respondent no.2 was
already married and had two grown-up
children and by concealing this fact, he
married applicant no.1; that, applicant no.1
has filed a complaint under Section 12 of
the Protection of Women from Domestic
Violence Act; that, the complainant had
filed a petition under Section 13-B of the
Hindu Marriage Act, which was
subsequently withdrawn; that, applicant
no.1 has also filed an application under
Section 125 Cr.P.C. before the learned
Judge, Family Court, Rudrapur, which is
still pending consideration before the said
Court.
6. Learned counsel for the applicants
would further submit that the applicants
are innocent and have been falsely
implicated in the present case; that,
respondent no.2 has lodged the F.I.R. only
to harass and victimize the applicants; that,
neither in the F.I.R. nor in the charge-sheet
any specific role has been assigned to the
applicants; that, The applicants are neither
witnesses to any document relating to the
alleged loan nor beneficiaries of the said
loan amount. Therefore, the entire criminal
proceedings are unsustainable in the eyes
of law and are liable to be quashed.
7. This Court finds substance in the
submissions made by learned counsel for
the applicants, which requires
consideration.
8. Issue notice to respondent no.2,
returnable within six weeks.
9. Steps to be taken within one week.
10. List after service of notice upon
respondent no.2.
11. Objections, if any, be filed by the
State/respondents.
12. Meanwhile, further proceedings of
Criminal Case No. 2338 of 2025 pending in
the court of learned Addl. Chief Judicial
Magistrate/1st Addl. Civil Judge, Rudrapur,
District Udham Singh Nagar shall remain
stayed till the next date of listing.
(Alok Mahra, J.)
07.04.2026
Mamta
