CAPTAIN ANOOP KUKSAL AND 3 ORS. Vs. STATE OF UTTARANCHAL AND SMT. MADHU KUKSAL, W/O CAPTAIN ANOOP KUKSAL

JUDGEMENT

(1.) BY way of this Criminal Misc. application, the applicants have come up to this Court for quashing the chargesheet filed against them on 10.11.1999 and supplementary chargesheet dated 07.04.2000 for the offence under Sections 498 -A, 506 and 323 Indian Penal Code.

(2.) THE background facts are that Smt. Madhu Kuksal (Respondent No. 2) was married with Captain Anoop Kuksal way back in 02.02.1989. After few years of the wedding, the differences between the two cropped up. On account of these differences, Captain Anoop Kuksal filed a petition No. 498 of 2002 in the Family court for dissolving the marriage and the same was decreed on 16.07.2003 after trial. The marriage was dissolved between the couple. This Court has been apprised that decree of dissolution of marriage remained maintained upto level of the Apex Court.

(3.) IT has been contended on behalf of private Respondent that a cross FIR was also lodged by Captain Anoop Kuksal against his wife Madhu Kuksal either on the same day or after couple of days. The chargesheet was also submitted against Smt. Madhu Kuksal and trial is pending. Both the trial proceeded in the court of Magistrate. It appears, on going through the entire record of this petition that Captain Anoop Kuksal himself moved before this Court and was successful in getting the directions for expeditious trial against him in the court of Magistrate (as disclosed in para -14 of the affidavit filed with the petition). Annexure No. 8 of the affidavit is the true copy of the ordersheet of that criminal trial No. 1186 of 2007 which reveals that all the prosecution evidence has been over and after completion of the prosecution evidence on 15.07.2005, a number of dates were fixed for recording the statement under Section 313 Code of Criminal Procedure But all the applicants did not put their presence before the court enabling it to record the statements under Section 313 Code of Criminal Procedure Any how after many dates, the statements could be recorded and opportunity was extended for the applicants to adduce their evidence in defence, if any. For this purpose too, a number of dates have been fixed, but instead of producing any defence in the court below, this petition has been filed for quashing the entire proceedings and on 22.12.2006 the further proceedings of the criminal case No. 1186 of 2007 were stayed. The Court has been apprised that due to above stay order, further proceedings of nearly cross case were automatically stayed. The learned Counsel for the applicants has drawn the attention of this Court towards the observation of Division Bench of this Court in First Appeal No. 29/03 Smt. Madhu Kuksal v. Captain Anoop Kuksal and First Appeal No. 30/03 Captain Anoop Kuksal v. Smt. Madhu Kuksal (adjudicated together by the common judgment dated 07.07.2005). It will be worthwhile to reproduce the said observation as below: