Uttarakhand High Court
Unknown vs Arvind on 25 February, 2026
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C-528 No. 252 of 2026
Hon'ble Alok Mahra, J.
Mr. Parikshit Saini, learned counsel for the applicants.
2. The present criminal misc. application has been filed by the applicants to quash the orders dated 25.07.2022 and 10.11.2023 passed by learned Senior Civil Judge/ACJM, Roorkee, District Haridwar in Complaint Case No. 389 of 2025, Ranjeeta Vs. Arvind Saini and Others, under Sections 498-A, 323 and 504 IPC and the entire proceedings arising out from it.
3. The case of the applicants is that the wife of applicant no. 1 had filed a complaint dated 21.12.2019 under Section 156(3) Cr.P.C. before the court of Judicial Magistrate, Roorkee and gave her statement under Section 204 Cr.P.C. After recording her statement under Section 200 Cr.P.C., wife of the applicant no. 1 died on 18.11.2021. Thereafter, the brother of the wife i.e. the respondent moved an application under Sections 301, 256, 2(wa) of Cr.P.C. claiming himself to be the legal heir of the deceased/wife of applicant no. 1. The Court allowed the application vide order dated 25.07.2022 and the respondent was examined himself under Section 202 Cr.P.C. Thereafter summoning order dated 10.11.2023 was passed. Challenging the aforesaid orders dated 25.07.2022 and 10.11.2023, the applicants have approached this Court by filing the present criminal misc. application.
4. Learned counsel for the applicants has submitted that the respondent/brother of the wife has relied upon Section 2(wa) of Cr.P.C., which provides the definition of the term 'victim'. Under Section 2(wa) of Cr.P.C., a victim is defined as a person who has suffered any loss or injury caused by an act or omission for which the accused is charged and the expression 'victim' includes his or her guardian or legal heir. On this, learned counsel for the applicants has submitted that brother is not under the purview of 'legal heir'. It is further submitted that under Section 256(2) Cr.P.C., if the complainant's presence is essential for the case and no one represents them, the court may acquit the accused and if he does not pass the order of acquittal then reasons have to be recorded, but, no such order was passed. It is further submitted that section 301 Cr.P.C. applies to the State case, but, here it is a private case.
5. Having heard the submission, this Court is of the view that this matter definitely requires deliberation.
6. Issue notice to the respondent. Steps to be taken within a week.
7. List after service report is received.
8. In the meantime, counter-affidavit(s), if any, be filed by the respondent.
9. After perusing the records and having heard learned counsel for the parties, this Court, prima facie, is of the opinion and is satisfied that in the interest of justice, further proceedings of Complaint Case No. 389 of 2025, Ranjeeta Vs. Arvind Saini and Others, under Sections 498-A, 323 and 504 IPC, pending in the court of learned 2nd Judicial Magistrate, Roorkee, District Haridwar shall remain stayed qua the applicants till the next date of listing.
(Alok Mahra J.) 25.02.2026 Ujjwal