Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

C482 No.1389 of 2016

Hon’ble Alok Mahra, J.

Mr. Kailash Chandra, learned

counsel for the applicants.

2. Mr. V. N. Maulekhi, learned DAG for

the State.

3. The criminal misc. application has been filed under Section 482 of Cr.P.C. for quashing the cognizance order dated 30.10.2014, passed by the ACJM, 2^nd Dehradun as well as the entire proceedings of Case Crime No.357 of 2013 (Criminal Case No.97 of 2015),’ under Sections 498A, 504, 506 of IPC and Sections 3/4 of Dowry Prohibition Act, pending in the court of 2^nd Addl. Chief Judicial Magistrate, District,

Dehradun.

4. Heard learned counsel for the

parties.

5. It is argued by learned counsel for the applicants that it is purely a matrimonial dispute between the parties; compromise has taken place between the parties; accordingly, both the parties (husband (applicant no.1) and wife (respondent no.3) moved an application under Section 13B of Hindu Marriage Act before the Principal Judge, Family Court, Dehradun, which was allowed vide order

dated 16.11.2015.

6. From the perusal of the record, it is clear that written information was given by the private respondent to P.S. Patelnagar, District Dehradun against the

applicants; accordingly, on 01.12.2013 an FIR No.319 of 2015 was lodged. After investigation charge-sheet was submitted, accordingly, the 2^nd Addl. Chief Judicial Magistrate, District Dehradun took the cognizance on

30.10.2014.

7. From the perusal of the record, is is also clear that the applicant no.1 and respondent no.3 filed a petition before the Principal Judge, Family Court, Dehradun under Section 13B of Hindu Marriage Act, which was registered as O.S.No.387 of 2015 in which the Principal Judge, Family Court, found that the said application was filed jointly without any coercion; accordingly, the concerned court allowed the petition filed under Section 13B of Hindu Marriage Act, it is clear that the matrimonial dispute has come to end when an application was filed under Section 13B of Hindu Marriage Act.

8. Since applicant no.1 and respondent no.3 have been granted divorce on mutual ground under Section 13B of the Hindu Marriage Act in the year 2015, thereafter, they are living separately; that, the FIR, which was lodged by respondent no.3 under Sections 498A, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, was lodged in a fit of rage, as at the time of lodging of the FIR, the relationship between the applicants and respondent no.3 was strained. After decree of divorce passed under Section 13B of Hindu Marriage Act, parties are living separately and the proceedings under Sections 498A, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, which were initiated prior to grant of divorce, deserve to be