Uttarakhand High Court
Kiran Pal Singh And Others vs State Of Uttarakhand And Another on 3 July, 2026
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 742 of 2024
Kiran Pal Singh and Others .... Applicants
Versus
State of Uttarakhand and Another ... Respondents
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Presence:-
Mr. Pankaj Kumar Sharma, learned counsel for the applicants.
Mr. B.N. Molakhi, learned D.A.G. for the State.
Mr. Arvind Vashisth, learned Senior Advocate assisted by Ms.
Disha Vashisth, learned counsel for the respondent no.2.
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Hon'ble Siddhartha Sah, J. (Oral)
By means of the present Criminal Misc.
Application, filed under Section 482 of the Cr.P.C., the
applicants have sought quashing of cognizance/
summoning order dated 17.11.2023 passed by learned
Additional Chief Judicial Magistrate, Roorkee, District
Haridwar in league with entire proceedings of Complaint
Case No. 1770 of 2022 ‘Sachin Kumar Vs. Kiran Pal &
others‘ for the offences punishable under sections
323,504 & 506 of IPC, pending before the Court of
Additional Chief Magistrate, Roorkee, District Haridwar.
2. Brief facts of the case are that the respondent
no. 2 filed a complaint against the present applicants,
which got registered as Complaint Case No. 1770 of 2022
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‘Sachin Kumar Vs. Kiran Pal & others‘ before the Court of
Additional Chief Judicial Magistrate, Roorkee, District
Haridwar stating therein that the marriage of respondent
no. 2 was solemnized with the daughter of applicant no.
1 and sister of applicant nos. 2 & 3 namely Pooja on
23.04.2015 according to Hindu Rites and Rituals and the
said marriage was ideal marriage without and dowry.
Out of the said wedlock, one son was born on
17.06.2016. It is further alleged that after the marriage,
behaviour of Pooja was cruel towards respondent no. 2
and his family members due to which on 30.08.2019, the
applicants came to the house of respondent no. 2 and the
wife of respondent no. 2 joined their company for going
towards her parental house and when the respondent no.
2 requested her that due to her various visits to her
parental house, their matrimonial life was not
functioning smoothly then the wife of respondent no. 2
has threatened him for dire consequences. Thereafter,
the applicants had taken his wife alongwith them and
thereafter the respondent no. 2 made various requests to
his wife to come back to her matrimonial house but she
refused for the same.
3. It is further alleged in the complaint that on
27-08-2022 at about 05.00 PM, when the respondent no.
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2 was standing in a shop, the applicant no. 1 came there
and told that he had spoiled the life of his daughter and
abused him and also gave him proposal to pay Rs. 20
lacs and give divorce to his daughter, failing which, he
will face dire consequences. Immediately thereafter, the
respondent no. 2 dialed no. 112 and the police reached at
the spot and took them to the Police Station where
looking into the family dispute (as both were relatives),
the matter was settled between the parties in presence of
police as well as other witnesses and thereafter when the
applicants and the respondent no. 2 came out from the
Police Station, then the applicant nos. 2 & 3 have
threatened the respondent no. 2 for dire consequences
but due to intervention of other persons, they took to
their heels from there. Thereafter, at about 08.20 p.m.,
when the respondent no. 2 returned home and reached
at Double Fatak, then the applicants with common
intention and carrying sticks and other weapons in their
hand abused the respondent no. 2 and started
committing marpeet with him and also snatched the
golden chain of the respondent no. 2. However, the
passers-by have saved the life of respondent no. 2 and
thereafter they gave warning that if he does not pay Rs.
20 lacs to his wife and does not give divorce to her, he
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will face dire consequences in future and immediately
thereafter the respondent no. 2 got medically examined
himself in the hospital concerned and also made a
complaint against the applicants at Police Station
concerned. However, the Police did not lodge FIR against
the applicants. Thereafter, he sent a letter to S.S.P.
Haridwar through registered post on 19.09.2022. When
no heed was paid, the respondent no. 2 had no other
option but to file the present complaint against the
applicants vide his application dated 06.10.2022 with a
prayer to lodge an FIR against the applicants.
4. In support of the complaint, the respondent
no. 2 recorded his statements under Sections 200 & of
the witnesses under Section 202 of Cr.P.C. before the
trial court in which they have supported the version of
complaint and based on the complaint & statements
under Sections 200 & 202 Cr.P.C, the impugned
summoning order has been passed.
5. Assailing the summoning order and the
complaint, the learned counsel for the applicants would
submit that admittedly, the respondent no. 2 was son-in-
law of applicant no. 1 and brother-in-law of applicant
nos. 2 & 3. As there was some matrimonial dispute
going on between the respondent no. 2 and his wife, the
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applicant no.1 being the father tried to reconcile the
issue and on the fateful date of incident i.e. 27.08.2022,
the applicant no.1 tried to settle the said dispute but the
respondent no.2 who just to give criminal colour to a
matrimonial dispute dialed 112 and called the police at
the spot but thereafter when the entire facts were
brought to the notice of the Police of Police Station
Roorkee, District Haridwar, they settled the dispute in
the form of compromise and in the said compromise,
both the parties were ready to settle the dispute amicably
and did not want to prosecute each other in any manner
vide compromise/agreement dated 27.08.2022.
6. It has been further submitted that the
respondent no. 2 got married with the daughter of
applicant no. 1 and from said wedlock, one male child
was born, but it is the respondent no. 2 who had extra
marital affairs with one Shipra, who is wife of Sumit
Nayak and without obtaining any decree of divorce from
her husband used to reside with the respondent no. 2.
This was the sole reason for matrimonial dispute of the
daughter of applicant no. 1 and the respondent no. 2 and
the applicant no. 1 being the father, tried to reconcile the
issue with the respondent no.2 but the respondent no.2
with some ulterior motive got instituted the case against
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the present applicants so that he can settle his score
with his wife according to his whims and fancies.
7. It has been next submitted that to
clarify/prove the act of the respondent no. 2 is clear from
the fact that a declaration was given by Shipra and her
husband Sumit Nayak in the form of affidavit on which
was taken place on 30.06.2022 in which she clearly
stated in paragraph no. 4 that she without obtaining
decree of divorce from her earlier husband used to reside
with the respondent no. 2 w.e.f. 25.06.2022 due to which
it is not possible that she reside with her earlier husband
and this is the sole reason for matrimonial dispute of
respondent no. 2 and his wife and on the fateful date of
incident, the applicant no. 1 being the father, tried to
reconcile the issue and requested the respondent no. 2
not to blemish the life of his daughter and when the
respondent no. 2 remained adamant to reside with Shilpi,
then some altercation took place between them and
thereafter the matter was settled before the police
station, but the respondent no. 2 just to mount pressure
upon the applicants, got filed the instant complaint
against them, which is nothing but just to save him from
clutches of law.
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8. It is further pleaded on behalf of the applicants
that the respondent no. 2 who had earlier married with
the daughter of applicant no. 1 and without taking any
decree of divorce from the competent court of law had
kept another woman in his house due to which the
matrimonial life of the applicant’s daughter was
disturbed and the applicant being the father tried to
reconcile the issue, but due to some extreme
consideration, the respondent no. 2 cooked up a false
and frivolous story narrating a different story of marpeet,
filed complaint against the applicants, which has never
taken place.
9. It has also been submitted on behalf of the
applicants that without considering the entire material
evidence available on record and only taking the version
of the respondent no. 2 as true and without considering
the fact that the date on which the incident has been
shown by the respondent no. 2 was settled before the
police Station Roorkee, in a routine manner and without
applying its judicious mind, the cognizance has been
taken by the Trial Court.
10. Learned counsel for the applicants would next
submit that on the particular date, i.e. 27.08.2022, the
matter was settled at 5:00 in the evening but it is alleged
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that at around 8:00 / 8:30, the applicants have beaten
the respondent no.2 for which medical examination was
also conducted.
11. Per contra, the learned counsel for the
respondent no.2 has placed on record the medical
examination report and the photographs in which the
respondent no.2 is shown in an injured state. He would
submit that the summoning order also indicates that this
fact was before the trial court before the summoning
order was passed. Learned Senior Advocate has also
referred to para 7 of the complaint in which it has been
stated that the accused have committed marpeet in
which the respondent no.2/complainant had sustained
serious injuries. He submitted the report to the Police
Station Rookee on 27.08.2022, but the police did not
take any action, therefore, he has filed the complaint.
12. In reply, the learned counsel for the applicants
would submit that in the peculiar facts and
circumstances of the case, the complaint is absolutely
false and frivolous in as much as the statement of the
witnesses under Section 202 of the Cr.P.C. appear to be
doubtful. After taking the Court to the statements under
Section 202 Cr.P.C., he would submit that Vinay
Kumar Saini was witness of the settlement but in the
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statements under Section 202 of the Cr.P.C., he showed
ignorance about the persons who have committed the
marpeet. He would submit that if the statements of
Vinay Kumar Saini recorded under Section 202 of the
Cr.P.C. are compared with para 6 of the complaint,
wherein, it is stated that the complainant was rescued by
the passers-by, thus a false and frivolous case has been
set up by the complainant/respondent no.2 and it’s a
vexation litigation just to implicate the accused persons
due to personal and private grudge and as such the case
of the applicants would be covered by the judgment of
the Hon’ble Supreme Court rendered in the case of State
of Haryana and Others vs. Bhajan Lal and Others
reported in 1992 Supp (1) SCC 335 and he specifically
refers to the illustrations (3) and (7) at para 102 which
are being extracted hereunder :-
“102. …
(3) Where the uncontroverted allegations
made in the FIR or complaint and the evidence
collected in support of the same do not disclose
the commission of any offence and make out a
case against the accused.
(7) Where a criminal proceeding is
manifestly attended with mala fide and/or
where the proceeding is maliciously instituted
with an ulterior motive for wreaking vengeance
on the accused and with a view to spite him due
to private and personal grudge.”
13. Per contra, the learned counsel for the
complainant / respondent no.2 would submit that the
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contentions raised doubting the veracity of the
statements of the witnesses recorded under Section 202
of the Cr.P.C. would fall in the domain of evidence which
has to be gone into at the trial stage and in exercise of
power under Section 482 of the Cr.P.C., High Court
cannot travel into factual arena. He has placed on record
the medical examination report whose reference is made
in para 7 of the complaint and he would submit that the
complainant / respondent no.2 was badly thrashed by
the applicants which is clear from the photographs,
which are part of the lower court record as well as the
medical evidence which is on record of the trial court.
14. It is evident from the record that the incident
as per the complaint occurred at 8:00 – 8:30 on
27.08.2022, in which, it is alleged that the
applicants/accused had beaten the respondent no.2 very
badly for which he also underwent medical examination
in Shri J.N.S.M. Government Hospital, Roorkee. The
contention has been raised on behalf of the applicants
that the complaint has been filed since the daughter of
the applicant no.1 is the wife of respondent no.2 and the
respondent no.2 was living with some other lady and just
because they opposed the same, a false and frivolous
complaint has been filed. He would further submit that
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all the evidence regarding the aforesaid contentions have
been placed on record.
15. After considering the entire facts and
circumstances of the case, it is evident that the
summoning order has been passed by the learned Trial
Court after perusal of the entire record and after relying
upon the statements of the complainant and the
witnesses recorded under Section 202 of the Cr.P.C..
What is being contended on behalf of the applicants
certainly falls for examination during trial and on this
count in exercise of its power under Section 482 of the
Cr.P.C., this Court cannot enter into factual arena.
Moreover, there is medical examination report, which
duly corroborates the version of the complaint. In such a
factual matrix, it is not a fit case for exercise of powers
under Section 482 of the Cr.P.C. Moreover, no error is
found in the impugned summoning order.
16. Hence, the present Criminal Misc. Application
(C482 Application) is dismissed. Interim order stands
vacated.
17. Pending Application(s), if any, stands disposed
of accordingly.
(Siddhartha Sah, J.)
03.07.2026
Shiv/
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