ITEM NO.5 COURT NO.15 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Special Leave to Appeal (Crl.) No(s). 11173/2018 (Arising out of impugned final judgment and order dated 05-09-2018 in CRMA No. 1359/2018 passed by the High Court Of Uttarakhand At Nainital) ARCHANA PAL & ANR. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) IA No. 53837/2019 - EXEMPTION FROM FILING O.T.) W I T H SLP(Crl) No. 3908/2019 (II-B) (IA FOR EXEMPTION FROM FILING O.T. ON IA 62638/2019 IA No. 62638/2019 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 5250-5253/2022 (II-B) (FOR FOR EXEMPTION FROM FILING O.T. ON IA 70565/2022 IA No. 70565/2022 - EXEMPTION FROM FILING O.T.) Date : 24-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. Vibha Datta Makhija, Sr. Adv. Mr. Robin Khokhar, AOR Mr. Praveen Gaur, Adv. Mr. Karan Mahajan, Adv. Ms. Baani Khanna, Adv. Ms. Sampriti Bakshi, Adv. Mr. Kumar Gaurav, Adv. Mr. Karan Mangain, Adv. Mr. Sangeeta Kumar, Adv. Ms. Vidushi Garg, Adv. Mrs. Vithika Gard, Adv. Mr. Ratneswar Das, Adv. Mr. Ashwani Garg, Adv. Mr. Karan Singh, Adv. 5.1 Mr. Pallav Sishodia, Sr. Adv. Mr. B.N. Dubey, Adv. Mr. Kumar Gaurav, Adv.
5.2 Mr. Brijender Chahar, Sr. Adv. Mr. Robin Khokhar, AOR Mr. Kumar Gaurav, Adv. For Respondent(s) Ms. Vanshaja Shukla, AOR Mr. Vishwa Pal Singh, AOR Ms. Namita Choudhary, AOR Ms. Sangeeta Kumar, AOR Mr. Piyush Hans, Adv. Mr. Ram Singh Baliyan, Adv. Mr. Ombir Sangwan, Adv. Mr. Sandeep Kumar, Adv. Mr. P.S. Tomar, Adv. Mr. Sureet Singh, Adv. Mr. Mohd. Alim Khan, Adv. Ms. Rachna Gandhi, AOR Mr. Sajal Singhai, Adv. 5.1 Mr. Aviral Saxena, Adv. Ms. Namita Chaudhary, AOR 5.2 Mr. Piyush Hans, Adv. Mr. Vishwa Pal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted in all the Special Leave Petitions. The Criminal Appeals are disposed of in terms of the Signed order placed below. Pending application(s), if any, is/ are disposed of. (VIJAY KUMAR) (PREETHI T.C.) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No._1326 of 2022 (Arising out of S.L.P.(Crl.) No.11173 of 2018) ARCHANA PAL & ANR. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) W I T H Criminal Appeal No.1327_of 2022 (Arising out of S.L.P.(Crl.) No. 3908/2019) W I T H Criminal Appeal No._1328-1331 of 2022 (Arising out of SLP(Crl.) No. 5250-5253/2022) O R D E R S.L.P. (Crl.) No. 11173 of 2018 Leave granted. The Appellants are the Mother-in-Law and Father-in-Law of the deceased. They approached the High Court of Uttarakhand under Section 482 CrPC through Criminal Miscellaneous Application No.1359 of 2018, seeking quashing of the chargesheet filed against them under Section 304B and 498A IPC read with Sections 3 and 4 of the Dowry Prohibition Act. The High Court vide the impugned order dated 05.09.2018 has dismissed the said Petition observing that “looking to the nature of the offence and the material, which has been placed on record, this case is not of such nature that it should be interfered with by this Court while exercising its extraordinary jurisdiction under Section 482 of Cr.P.C.” We have heard learned counsel for the parties at a
considerable length. It appears to us that there are some contentious issues which ought to have been dealt with by the High Court while adjudicating the quashing Petition filed by the Appellants. We are, thus, inclined to remit the case to the High court for afresh adjudication of the Appellant’s Petition by way of a reasoned order. Consequently, the Appeal is allowed; the impugned order dated 05.09.2018 is set aside and the matter is remanded to the High Court for afresh adjudication. The parties are directed to appear before the High Court on 26.09.22. The Appellants shall be at liberty to seek appearance through virtual conferencing mode or physical mode, as the case may be. It is clarified that we have not expressed any views on the merits of the case. We, further, request the High Court to decide the Petition expeditiously, and preferably within a period of four months. Till such time, the trial court shall keep the proceedings in abeyance. The Criminal Appeal is disposed of accordingly. Pending application(s), if any, is/ are disposed of. S.L.P. (Crl.)No.3908/2019 Leave granted. The Appellant is the husband of the deceased. The Criminal Appeal is disposed of in terms of the order passed in Criminal
Appeal No. 1326 of 2022 [arising out of S.L.P.(Crl.)No.11173/2018]. The Criminal Appeal is disposed of accordingly. Pending application(s), if any, is/ are disposed of. S.L.P. (Crl.) Nos.5250-5253/2022 Leave granted. The Appellants are Mother-in-Law, Father-in-Law and Husband of the deceased, against whom FIR No. 163/2017 dated 08.07.2017 under Sections 304B and 498A IPC has been registered at Police Station- Raipur, District-Dehradun, Uttarakhand. It appears that after completion of the investigation a charge sheet was filed and the court of Additional Sessions Judge IV, Dehradun took cognizance of the charge sheet in Sessions Trial No. 59/2018 and framed charges against the Appellants vide orders dated 27.08.2018 and 13.09.2018 and added Sections 3 and 4 of the Dowry Prohibition Act. The said orders were challenged by the Appellants through separate Criminal Revisions before the High Court which have been turned down by way of a composite order dated 19.06.2019. The instant Appeals are directed against the aforesaid order of the High Court. Since vide a separate order of even date passed in Criminal Appeal No. 1326 of 2022 [arising out of S.L.P. (Crl.) No.11173/2018], we have remanded the matter to the High Court for fresh adjudication of the challenge laid by the Appellants to the charge-sheet itself, the final outcome of those proceedings is likely to have a direct bearing on the question of framing of charges against them. There is no gainsaying that if the charge-sheet is quashed, the orders framing charges against the Appellants would be rendered infructuous and redundant. We, therefore, instead of expressing any opinion on merits, deem it appropriate to set aside the
impugned order dated 19.06.2019 passed by the High Court with a request to keep the Criminal Revision Nos. 307/2018, 308/2018, 375/2018 and 378/2018, pending till the petition(s) seeking quashing of the charge-sheet are decided on merits. We make it clear that we have not commented upon the merits of the impugned order dated 19.06.2019 passed by the High Court, and have set aside the same only on the premise that the adjudication of the Petition for quashing of charges will have its own bearing on the merits of these Criminal Revisions. The parties are, accordingly, directed to appear before the High Court on 26.09.2022. The Criminal Appeals are disposed of accordingly. Pending application(s), if any, is/ are disposed of. ....................J. (Surya Kant) ....................J. (Aniruddha Bose) New Delhi; 24.08.2022.
1 (REVISED) ITEM NO.47 COURT NO.14 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 11173/2018 (Arising out of impugned final judgment and order dated 05-09-2018 in CRMA No. 1359/2018 passed by the High Court Of Uttarakhand At Nainital) ARCHANA PAL & ANR. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) IA No. 53837/2019 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 3908/2019 (IA FOR EXEMPTION FROM FILING O.T. ON IA 62638/2019 IA No. 62638/2019 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 5250-5253/2022 FOR EXEMPTION FROM FILING O.T. ON IA 70565/2022 IA No. 70565/2022 - EXEMPTION FROM FILING O.T.) Date : 01-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Ms. Vibha Datta Makhija, Sr. Adv. Mr. Robin Khokhar, AOR Mr. Kumar Gaurav, Adv. Mr. Praveen Gaur, Adv. Mr. Karan Mangain, Adv. Ms. Baani Khanna, Adv. Ms. Sampriti Bakshi, Adv. For Respondent(s) Mr. Vishwa Pal Singh, AOR Mr. Ram Singh Baliyan, Adv.
2 Mr. Ombir Sangwan, Adv. Mr. Sandeep Kumar, Adv. Mr. P.S. Tomar, Adv. Mr. Surjeet Singh, Adv. Mr. Aviral Saxena, Adv. Ms. Namita Choudhary, AOR Ms. Vanshaja Shukla, AOR Mr. Sajal Singhai, Adv. Ms. Sangeeta Kumar, AOR Ms. Vidushi Garg, Adv. Mrs. Vithika Garg, Adv. Mr. Ratneshwar Das, Adv. Mr. Ashwani Garg, Adv. UPON hearing the counsel the Court made the following O R D E R On the request made by the learned counsel for the State of Uttarakhand, post the matters for hearing on 24.08.2022 (non- miscellaneous day) Meanwhile, interim order dated 20.05.2022 shall continue to operate in SLP(Crl) Nos. 5250-5253/2022. Rejoinder, if any, be filed within two weeks. (NISHA KHULBEY) (PREETHI T.C.) SENIOR PERSONAL ASSISTANT BRANCH OFFICER
3 ITEM NO.47 COURT NO.14 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 11173/2018 (Arising out of impugned final judgment and order dated 05-09-2018 in CRMA No. 1359/2018 passed by the High Court Of Uttarakhand At Nainital) ARCHANA PAL & ANR. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) IA No. 53837/2019 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 3908/2019 (IA FOR EXEMPTION FROM FILING O.T. ON IA 62638/2019 IA No. 62638/2019 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 5250-5253/2022 FOR EXEMPTION FROM FILING O.T. ON IA 70565/2022 IA No. 70565/2022 - EXEMPTION FROM FILING O.T.) Date : 01-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Ms. Vibha Datta Makhija, Sr. Adv. Mr. Robin Khokhar, AOR Mr. Kumar Gaurav, Adv. Mr. Praveen Gaur, Adv. Mr. Karan Mangain, Adv. Ms. Baani Khanna, Adv. Ms. Sampriti Bakshi, Adv. For Respondent(s) Mr. Vishwa Pal Singh, AOR
4 Mr. Ram Singh Baliyan, Adv. Mr. Ombir Sangwan, Adv. Mr. Sandeep Kumar, Adv. Mr. P.S. Tomar, Adv. Mr. Surjeet Singh, Adv. Mr. Aviral Saxena, Adv. Ms. Namita Choudhary, AOR Ms. Vanshaja Shukla, AOR Mr. Sajal Singhai, Adv. Ms. Sangeeta Kumar, AOR Ms. Vidushi Garg, Adv. Mrs. Vithika Garg, Adv. Mr. Ratneshwar Das, Adv. Mr. Ashwani Garg, Adv. UPON hearing the counsel the Court made the following O R D E R On the request made by the learned counsel for the State of Uttarakhand, post the matters for hearing on 24.08.2022 (non- miscellaneous day) Meanwhile, interim order dated 20.05.2022 shall continue to operate . Rejoinder, if any, be filed within two weeks. (NISHA KHULBEY) (PREETHI T.C.) SENIOR PERSONAL ASSISTANT BRANCH OFFICER
1 ITEM NO.20 COURT NO.16 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 10452/2022 (Arising out of impugned final judgment and order dated 19-06-2019 in CRLR No. 375/2018 19-06-2019 in CRLR No. 378/2018 19-06-2019 in CRLR No. 308/2018 19-06-2019 in CRLR No. 307/2018 passed by the High Court Of Uttarakhand At Nainital) ARCHANA PAL Petitioner(s) VERSUS STATE OF UTTARAKHAND Respondent(s) (FOR ADMISSION and I.R. and IA No.70559/2022-CONDONATION OF DELAY IN FILING and IA No.70565/2022-EXEMPTION FROM FILING O.T. ) Date : 20-05-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Ms. Vibha Datta Makhija, Sr. Adv. Mr. Brijender Chahar, Sr. Adv. Mr. Robin Khokhar, AOR Ms. Baani Khanna, Adv. Mr. Praveen Gaur, Adv. Mr. Karn Mangain, Adv. Mr. kumar Gaurav, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay of 215 days in filing the Special Leave Petition is condoned. Issue notice, returnable on 1 st August, 2022. List this petition alongwith SLP (Crl.) No. 11173 of 2018 and SLP (Crl.) No. 3908 of 2019 on 1 st August, 2022.
2 The trial court shall adjourn the proceedings to a date beyond the next date of hearing fixed in this Court. (SNEHA DAS) (PREETHI T C) SENIOR PERSONAL ASSISTANT BRANCH OFFICER
ITEM NO.43 COURT NO.5 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No. 11173/2018 (Arising out of impugned final judgment and order dated 05-09-2018 in CRMA No. 1359/2018 passed by the High Court of Uttarakhand at Nainital) ARCHANA PAL & ANR. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) WITH SLP(Crl) No. 3908/2019 (II) (With IA No.62637/2019-CONDONATION OF DELAY IN FILING and IA No.62638/2019-EXEMPTION FROM FILING O.T.) Date : 29-07-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Robin Khokhar, AOR Mr. Kumar Gaurav, Adv. Mr. B. N. Dueby, Adv. Ms. Neeraj Singh, Adv. For Respondent(s) Mr. Tanmaya Agarwal, Adv. Mr. Rajiv Nanda, AOR Ms. Sangeeta Kumar, AOR UPON hearing the counsel the Court made the following O R D E R The matter stands adjourned by two weeks as prayed for in the letter circulated by the learned counsel for the petitioner seeking adjournment for filing rejoinder affidavit. (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NOS.39+60 COURT NO.5 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 11173/2018 (Arising out of impugned final judgment and order dated 05-09-2018 in CRMA No. 1359/2018 passed by the High Court Of Uttarakhand At Nainital) ARCHANA PAL & ANR. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) WITH SLP (Crl.) No. 3908/2019 IA No. 62637/2019-CONDONATION OF DELAY IN FILING AND IA No. 62638/2019-EXEMPTION FROM FLING O.T. Date : 26-04-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Robin Khokhar, AOR Mr. Kumar Gaurav, Adv. Mr. B.N. Dubey, Adv. Mr. P. Dayal, Adv. For Respondent(s) Mr. Tanmaya Agarwal, Adv. Mr. Rajiv Nanda, AOR Ms. Sangeeta Kumar, AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the petitioners seeking adjournment for three weeks, the matters are adjourned for three weeks. (R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.31 COURT NO.5 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 10199/2019 (Arising out of impugned final judgment and order dated 05-09-2018 in CRLMA No. 1359/2018 passed by the High Court of Uttarakhand at Nainital) ABHINAV PAL Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) (With IA No.62637/2019-CONDONATION OF DELAY IN FILING and IA No.62638/2019-EXEMPTION FROM FILING O.T.) Date : 22-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Siddhartha Dave, Sr. Adv. Ms. Aishwarya Bhati, Sr. Adv. Mr. Robin Khokhar, AOR Mr. Kumar Gaurav, Adv. Mr. B. N. Dubey, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag the matter with SLP (Crl.) No. 11173 of 2018. (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.42 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No. 11173/2018 (Arising out of impugned final judgment and order dated 05-09-2018 in CRMA No. 1359/2018 passed by the High Court of Uttarakhand at Nainital) ARCHANA PAL & ANR. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) Date : 01-03-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Robin Khokhar, AOR Mr. Kumar Gaurav, Adv. Mr. B.N. Dubey, Adv. Mr. P. Dayal, Adv. Mr. Ved Prakash, Adv. Ms. Ritu R., Adv. For Respondent(s) Ms. Sangeeta Kumar, AOR Ms. Vithika Garg, Adv. Ms. Vidushi Garg, Adv. Mr. C. D. Singh, Adv. Mr. Tanmay Aggarwal, Adv. Mr. Rajiv Nanda, AOR UPON hearing the counsel the Court made the following O R D E R The matter stands adjourned by three weeks as prayed for in the letter circulated by the learned counsel for respondent No.1-State. (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.37 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 11173/2018 (Arising out of impugned final judgment and order dated 05-09-2018 in CRMA No. 1359/2018 passed by the High Court Of Uttarakhand At Nainital) ARCHANA PAL & ANR. Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.184996/2018-EXEMPTION FROM FILING O.T.) Date : 07-01-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Ms. Meenakshi Arora, Sr. Adv. Mr. Robin Khokhar, AOR Mr. Kumar Gaurav, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application seeking exemption from filing Official Translation is allowed. Issue notice, returnable within four weeks. (R. NATARAJAN) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) ASSISTANT REGISTRAR