Harish Rawat vs State Of Uttarakhand And Another on 21 March, 2017

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Uttarakhand High Court

Harish Rawat vs State Of Uttarakhand And Another on 21 March, 2017

Bench: U.C.Dhyani

                                   1




     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

 Crl Misc. Application (U/S 482 Cr.P.C.) No. 1427 of 2015
                      (Under Section 482 Cr.P.C.)


Harish Rawat                                   .............. Applicant

                                 versus


State of Uttarakhand and anther                .......... Respondents



Mr. Siddharth Bisht, Advocate, present for the petitioners/applicant.
Mr. S.S.Adhikari, Brief Holder, present for the State/respondent no.1.
Mr. Jagdish Singh Bisht, Advocate, present for the respondent no.2.


U.C. Dhyani, J. (Oral)

By means of present petition under Section 482 Cr.P.C., the applicant seeks to quash the charge-sheet, cognizance order and the proceedings of Criminal Case No. 85 of 2015, State vs. Harish Rawat, under Sections 323, 506, 498-A, 495 of IPC and Section ¾ of the Dowry Prohibition Act.

2. A charge-sheet has been submitted against the applicant for the offences punishable under Sections under Sections 323, 506, 498-A, 495 of IPC and Section ¾ of the Dowry Prohibition Act. According to the learned counsel for the parties, charges have been framed and the case has reached at the stage of prosecution evidence. One of the charges against the applicant is as regards Section 495 IPC, which runs as follows:

"495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.--Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

3. Learned counsel for the applicant drew the attention of this Court towards Section 198 Cr.P.C., which reads as follows:

198. Prosecution for offences against marriage.

(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860 ) except upon a complaint made by some person aggrieved by the offence:

Provided that-

(a) where such person is under the age of eighteen years or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;

(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub- section (4) may make a complaint on his behalf;

(c) where the person aggrieved by an offence punishable under section 494 or section 495] of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father' s or mother' s brother or sister, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption].

4. According to Section 198 Cr.P.C., no Court shall take cognizance of an offence punishable under Chapter XX of the IPC except upon a complaint made by some person aggrieved by the offence, which, admittedly has not been done in the instant case.

What will the legal consequence of the same, especially when other offences are cognizable on Police Report?

5. At this stage of dictation, learned counsel for parties submitted, jointly, that the writ petition be disposed of by directing the Trial Court to look into this legal aspect of the case while deciding the pending trial.

6. Writ Petition is disposed of by directing the Trial Court to consider the legal consequence of non-filing of the criminal complaint case by the victim under Section 495 IPC at the time of final adjudication of Criminal Case No. 85 of 2015, State vs. Harish Rawat, as per law.

(U.C.Dhyani,J.) 21.03.2017 Kaushal 4

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