Uttarakhand High Court
State vs Himanshu Pritish And Other Under on 28 March, 2019
Author: Ravindra Maithani
Bench: Ravindra Maithani
C-482 No.471 of 2019 Hon'ble Ravindra Maithani, J.
Mr. G.S. Negi, learned counsel for the petitioners.
Mr. B.S. Thind, learned Brief Holder for the State of Uttarakhand.
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed for quashing the cognizance order/summoning order dated 18.11.2017, other consequential orders and entire proceedings of Criminal Case No.5716 of 2017, State Vs. Himanshu Pritish and other under Sections 498-A, 323, 504 of I.P.C. and under Section 3/4 of the Dowry Prohibition Act, pending in the Court of learned Judicial Magistrate First, Dehradun.
Heard learned counsel for the parties. Learned counsel for the petitioners argued that the petitioner no.1-husband had filed the suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act and respondent no.3-wife filed a suit for divorce. It is urged that parties may enter into amicable settlement if they are provided an opportunity by this Court.
To a limited extent whether the parties may resolve their dispute amicably, the matter will proceed in this Court. The petitioner no.1 shall appear before this Court on 09.05.2019. Respondent no.3 may also be issued notice to appear on the next date fixed. On that day, only the chances of amicable settlement will be explored.
All the expenses incurred by respondent no.3 in appearing before the Court shall be borne by petitioner no.1.
Till the next date of listing, the non- bailable-warrants issued against the petitioners shall remain in abeyance.
(Ravindra Maithani, J.) 28.03.2019 Arti