Uttarakhand High Court
C482/1519/2023 on 9 August, 2023
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
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C482 No.1519 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. R.S. Rawat, Advocate, holding brief of Mr. Gaurav Singh, Advocate, for the applicant.
Mr. Atul Kumar Shah, D.A.G. for the State of Uttarakhand.
This C482 application arises out of the matrimonial dispute, where the FIR was registered by the respondent as against the four accused persons, who are family members, for their involvement in commission of the offences under sections 498A, 323, 504 and 506 of IPC, and under sections ¾ of the Dowry Prohibition Act.
On culmination of the investigation to the allegations of the FIR No.610 of 2021, dated 05.10.2021, the chargesheet was submitted, and consequently the summoning order, dated 13.07.2022, has been issued by the court of Chief Judicial Magistrate, Haridwar, in Criminal Case No.8091 of 2022, "State Vs. Vijay Bharat and others".
Learned counsel for the applicants submits that instead of addressing the C482 application on merits, he prays for that the C482 application may be decided in terms of the judgment of the Hon'ble Apex Court in the matters of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2022 (10) SCC 51, and for all the offences for which, they have been summoned, they may be permitted to surrender before the court concerned, and resort to their remedies as per the guidelines framed in paragraph 3 (e) of the said judgment.
Owing to the aforesaid request made by the learned counsel for the applicants, the C482 application would stand disposed of in the light of the aforesaid observations.
(Sharad Kumar Sharma, J.) 09.08.2023 NR