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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:

(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].

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