High CourtsSingle Bench(2024) 10 UK CK 0109

Bineeta Devi And Others vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 21 October 2024

HON’BLE JUDGES
Pankaj Purohit, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition Criminal No. 184 Of 2024

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Judgment

8 paragraphs · 304 words

Pankaj Purohit, J

1.

By means of this writ petition, petitioners have challenged FIR No.453 of 2024, lodged on 30.11.2023 under Sections 3 and 4 of Dowry Prohibition Act, 1961 and Sections 323, 498-A, 504 and 506 of IPC with Police Station Nehru Colony, District Dehradun.

2.

This Court while granting protection to the petitioners tried for parties to come to terms by way of compromise and accordingly sent the matter to the High Court Mediation Centre.

3.

Today both husband and wife (petitioner no.4 and respondent no.3) are present before this Court along with their respective counsel duly identified by them.

4.

Both the parties categorically stated that, at this stage, there is no possibility of compromise between the parties, therefore it will not be conducive to keep the matter pending, unnecessarily, for a long period.

5.

Learned State counsel submitted that after investigation, pursuant to impugned FIR, the charge sheet have already been filed against petitioner no.1 and petitioner no.4 while the final report is submitted in respect of petitioner nos.2 and 3.

6.

In this view of the matter that since the charge sheet has already been filed, the writ petition is hereby closed. The petitioners are free to seek remedy as available to them under the law to challenge the charge sheet/police report, if any. The order dated 27.06.2024 by which petitioner no.4 was directed to pay a sum of ₹50,000/- regularly to respondent-wife by 7th of every month is hereby recalled prospectively.

7.

It is also made clear that arrears of maintenance at the rate of 15,000/- per month as directed by the Court vide order dated 27.06.2024 shall be paid to the respondent-wife up to date by the petitioner-husband. However petitioners are also directed to make payment of ₹5,000/- to the respondent-wife as travelling expenses for today’s visit.