Uttarakhand High Court
Milan Rastogi vs Radha Rastogi And Others on 12 March, 2025
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
C-528 No. 327 of 2025
Hon'ble Alok Mahra, J.
Mr. Pradeep Chamyal, Advocate for the
applicants.
2. By means of present C528 Application,
the applicants have prayed to quash the order
impugned dated 11.05.2022, passed by
learned Judicial Magistrate, Jaspur, in
Complaint Case No. 3248 of 2017 (New No.
Criminal Complaint Case No. 3710 of 2024,
Milan Rastogi vs. Radha Rastogi and others.
The applicants have further prayed to quash
the entire proceedings of the Complaint Case
No. 3248 of 2017 (New No. Criminal Complaint
Case No. 3710 of 2024), under Sections 498-A,
323 and 504 IPC and Section ¾ of the Dowry
Prohibition Act, pending before the 4th
Additional Chief Judicial Magistrate,
Rudrapur, Udham Singh Nagar.
3. Learned counsel for the applicants
contends that the applicants are mother-in-
law, father-in-law, husband and dewar of the
respondent respectively. Learned counsel for
the applicants further submits that respondent
has filed an application under Section 156(3)
Cr.P.C. at the same time, she has lodged
another FIR under Sections 498-A, 323 and
504 IPC and Section ¾ of the Dowry
Prohibition Act, against the applicants at Police
Station Baheri, District Bareilly, Uttar Pradesh.
4. It is further submitted that charge-sheet
has been submitted in this case against
applicant no.1, 2 & 3 only and the case is
proceeding. He further submits that
respondent again filed a complaint on the
same set of facts in the year 2017 before the
Court of Judicial Magistrate, Kashipur, Udham
Singh Nagar. Now, pursuant to the complaint
filed by respondent, the applicants have been
summoned under Sections 498-A, 323 and
504 IPC and Section ¾ of the Dowry
Prohibition Act. Main contention of the learned
counsel for the applicant is that no two
criminal proceedings can be initiated on the
same set of facts and charges.
5. Issue notice to respondent, returnable
within four weeks.
6. Steps be taken within a week.
7. List after notice is served upon the
respondent.
8. In the meantime, further proceedings of
Complaint Case No. 3248 of 2017 (New No.
Criminal Complaint Case No. 3710 of 2024),
under Sections 498-A, 323 and 504 IPC and
Section ¾ of the Dowry Prohibition Act,
pending before the 4th Additional Chief Judicial
Magistrate, Rudrapur, Udham Singh Nagar,
shall remain stayed.
(Stay supplication is disposed of).
( Alok M a hr a J.)
12.03.2025
Kausahl