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2025 Supreme(Online)(SC) 11595

SUPREME COURT OF INDIA
SURYA KANT, JOYMALYA BAGCHI, JJ
SUNIL NAUDIYAL – Appellant
Versus
THE STATE OF UTTARAKHAND & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: Archit Upadhayay, Pankaj Kr. Tripathi, Muskan Aggarwal, Piyush Guatam, Lakshita Yadav, Pragya Mishra
For the Respondents: Vanshaja Shukla, Ankeeta Appanna, Vikas Negi, Anirudh Joshi, Arjun Sharma, Mayank Pandey, Sahil Bhardwaj, Umang Shankar

Table of Content
1. challenge to fir based on marriage allegations. (Para 3 , 4)

O R D E R

2. Leave granted.

4. The allegations in the FIR were that the appellant solemnized his first marriage with respondent No.2 (Archana Naudiyal) during Signattureh Noet Ve rifiesd ubsistence of a first marriage, although divorce proceedings Digitaly signed by SATISH KUMAR YADAV Date: 2025.08.25

Respondent No.2, thereafter, lodged the subject FIR alleging that she was not aware of the appellant’s first marriage. There were other allegations regarding demand of dowry and subjecting her to physical and mental harassment by the appellant and his family members. Subsequently, she also obtained a decree dated 20.07.2019 annulling her marriage with appellant (appellant’s second marriage). Respondent No.2, however, lodged the subject FIR alleging that she was not aware of the appellant’s first marriage. There were other allegations regarding demand of dowry and subjecting her to physical and mental harassment by the appellant and his family members.

6. When the matter came up for hearing before this Court on 10.11.2023, the trial proceedings pursuant to Criminal Case No.1400/2017, pending before the Chief Jud

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