Uttarakhand High Court
9 April vs State Of Uttarakhand & Others on 9 April, 2025
2025:UHC:2710
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No. 94 of 2015
09 April, 2025
Krishan Pal & others --Applicant
Versus
State Of Uttarakhand & others --Respondents
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Presence:-
Mr. B.N.Molakhi, learned counsel for the Applicant.
Mr. J.S.Virk, learned Deputy Advocate General, assisted by Mr.
Rakesh Joshi, Mr. Devendra Singh, A.G.A. and Mr. Prabhat Kandpal,
Brief Holders, for the State.
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Hon'ble Alok Mahra, J.
By means of present C-482 Petition, the
applicants seek to quash the order dated 31.10.2024,
passed by 1st Additional District & Sessions Judge,
Haridwar, in Criminal Revision No. 332 of 2014, Krishan
Pal and others vs. State of Uttarakhand & another as well
as summoning order dated 19.06.2014, passed by
learned Additional Chief Judicial Magistrate, Roorkee in
Criminal Case No. 1635 of 2014, State vs. Ashok Kumar
and others, by which, the accused-applicants have been
summoned under Sections 319 Cr.P.C. for facing the
trial under Sections 498-A, 323, 504, 506 IPC and
Section ¾ of the Dowry Prohibition Act.
2. Learned counsel for the applicants submits
that the respondent no.2 filed an application under
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Section 156(3) Cr.P.C. with the vague allegations against
her husband as well as all his relatives and the
Magistrate concerned ordered for registering the FIR on
her application. Pursuant to which, on her application an
FIR was registered as Case Crime No. 17 of 2007, under
Sections under Sections 498-A, 323, 504, 506 IPC and
Section ¾ of the Dowry Prohibition Act, at Police Station
Kotwali, Roorkee, District Haridwar against 8 persons
including the applicants.
3. After the investigation, charge-sheet was submitted
by the Inquiry Officer, in which, only three persons,
namely, Ashok Kumar (husband), Pradeep Kumar
(brother-in-law and Smt. Mayawati (mother-in-law) of the
respondent no.2 were named in the charge-sheet. The
present applicants were summoned under Section 319
Cr.P.C. to face the trial in criminal case No. 1635 of
2014, State vs. Asok Kumar and others have been
charge-sheeted, under Sectiones Sections 498-A, 323,
504, 506 IPC and Section ¾ of the Dowry Prohibition Act.
4. Learned counsel for the applicants submitted that
during pendency of the trial, this Hon’ble Court vide
order dated 23.01.2015, granted protection to the
applicants and trial proceeded against the persons
named in the charge-sheet.
5. During pendency of the trial, Smt. Mayawati
(mother-in-law) died and remaining two accused
persons, namely, Krishan Pal (husband of respondent
no.2) and Pradeep Kumar i.e. brother-in-law of the
respondent no.2 have been acquitted vide order dated
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21.02.2025, passed by learned Additional Chief Judicial
Magistrate, Roorkee, District Haridwar.
6. Counsel for the applicants submits that since
the main accused have already been acquitted of the
charges levelled against them, therefore, no fruitful
purpose would be served in continuing the proceedings
against them.
8. Despite service of notice on respondent no.2, no one
has put in appearance.
9. After considering the rival submissions of
learned counsel for the applicants and learned Deputy
Advocate General, this Court is of the considered view
that if main accused are acquitted, no criminal
proceedings can be sustained against other co-accused
on the same set of witnesses as there is no separate
witness and on the basis of testimony of the same
witnesses, accused were acquitted by the Trial Court.
Whenever, there is no prospect of the case ending in
conviction valuable time of the Court should not be
wasted in holding the trial only for the purpose of
completing the procedure to pronounce the conclusion on
a future date, therefore, criminal proceedings cannot be
permitted to continue against the present applicants.
7. Therefore, present C-482 Petition is allowed.
8. Accordingly, the order dated 31.10.2024,
passed by 1st Additional District & Sessions Judge,
Haridwar, in Criminal Revision No. 332 of 2014, Krishan
Pal and others vs. State of Uttarakhand & another as well
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order passed by learned Additional Chief Judicial
Magistrate, Roorkee in Criminal Case No. 1635 of 2014,
State vs. Ashok Kumar and others, summoning the
accused under Sections 319 Cr.P.C. for facing trial
under Sections 498-A, 323, 504, 506 IPC and Section ¾
of the Dowry Prohibition Act, are hereby quashed.
(Alok Mahra, J.)
09.04.2025
Kaushal
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