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Amit Bhatt vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 13 December 2017 · Citation: (2017) 12 UK CK 0031

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-482>Section 482</a> - Saving of inherent powers of High Court · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-498A>Section 498A</a>, <a href=1767-504>Section 504</a> - Husband or relative of husband of a woman subjecting her to cruelty - Intentional insult with intent to provoke breach of the peace · <a href=5209>Hindu Marriage Act, 1955</a>, <a href=5209-12>Section 12</a> - Voidable marriages · <a href=1454>Dowry Prohibition Act, 1961</a>, <a href=1454-3>Section 3</a>, <a href=1454-4>Section 4</a> - Penalty for giving or taking dowry - Penalty for demanding dowry
RESULT
Disposed
CASE NUMBER
1724 of 2017
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Judgment

7 paragraphs · 279 words
1.

Mr. P.C. Pethshali, Advocate, present for the applicant.

2.

Ms. Mamta Joshi, Ms. Sangeeta Bhardwaj, Brief Holders, present for the State/respondent no. 1.

3.

The first information report has been lodged by respondent no. 2 against the present applicant and other relatives which has been registered as Case Crime No. 15 of 2015 under Sections 498A / 504 of IPC and Section 3 / 4 of the Dowry Prohibition Act, at Police Station Nehru Colony, Sadar, Dehradun. After investigation, police filed the charge-sheet against the present applicant and consequently the learned Magistrate took cognizance in the matter and issued summons against the present applicant. Hence, the present application under Section 482 CrPC.

4.

The first information report has been lodged by respondent no. 2 against her husband and other relatives. According to the learned counsel for the applicant, the marriage of applicant and respondent no. 2 was solemnized in the year 2012 as per Hindu Rites and Rituals. Subsequently, their relations became strained, and consequently, the applicant filed a suit under Section 12 of the Hindu Marriage Act before the court below for declaring the marriage as null and void.

5.

Considering the overall facts and circumstances of the case and the fact that the charge-sheet has been filed in the matter in the year 2015, at this stage, no interference is being called for by this Court in the matter.

6.

Let the applicant appear before the court concerned and move an application for his bail, which shall be considered, as far as possible, on the same day itself, on its merits, in accordance with law.

7.

Consequently, the application filed under Section 482 CrPC stands disposed.