Mala Kar vs State of Uttarakhand - 2024 Supreme(SC) 911

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 911

B. V. NAGARATHNA, AUGUSTINE GEORGE MASIH
Mala Kar – Appellant
Versus
State of Uttarakhand – Respondent

Advocates appeared:
For Appellant(s) Mr. Siddhartha Chowdhury, AOR Mr. Jitender Mohapatra, Adv. Mr. Shaffi Mather, Adv. For Respondent(s) Mr. Sudarshan Singh Rawat, AOR Mr. Ashutosh Kumar Sharma, Adv. Ms. Saakshi Singh Rawat, Adv. Mr. Sunil, Adv. Ms. Christi Jain, Adv. Mr. Kedar Nath Tripathy, AOR

ORDER :

1. Leave granted.

2. Being aggrieved by the order dated 22.11.2018 passed by the High Court of Uttarakhand in Criminal Miscellaneous Application (C-482) No.26 of 2016 by which the application filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking quashing of the cognizance order dated 05.01.2016; charge sheet dated 17.11.2015 as well as the entire proceedings of Criminal Case No.60 of 2016 (State v. Jitu Kar and others) initiated under Section 498A of the Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act, 1961 pending before the Court of the Additional Chief Judicial Magistrate IInd, Dehradun, was dismissed by the High Court, the appellants have preferred this appeal.

3. We have heard learned counsel for the respective private parties as well as learned counsel for the respondent-State at length.

4. It is not in dispute that the marriage between appellant No.2 and respondent No.2 took place on 05.12.2012. There was an ex-parte decree of divorce granted by the concerned Family Court on 18.10.2014. In the interregnum, against appellant no.2, a complaint was filed by respondent No.2 on 09.08.2014 on the

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