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ALOK MAHRA, J. –

By means of present C-482 Petition, the applicants seek to quash the order dated 31.10.2024, passed by 1st Additional District & Sessions Judge, Haridwar, in Criminal Revision No. 332 of 2014, Krishan Pal and others vs. State of Uttarakhand & another as well as summoning order dated 19.06.2014, passed by learned Additional Chief Judicial Magistrate, Roorkee in Criminal Case No. 1635 of 2014, State vs. Ashok Kumar and others, by which, the accused–applicants have been summoned under Sections 319 Cr.P.C. for facing the trial under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act.

2. Learned counsel for the applicants submits that the respondent no.2 filed an application under Section 156(3) Cr.P.C. with the vague allegations against her husband as well as all his relatives and the Magistrate concerned ordered for registering the FIR on her application. Pursuant to which, on her application an FIR was registered as Case Crime No. 17 of 2007, under Sections under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, at Police Station Kotwali, Roorkee, District Haridwar against 8 persons including the applicants.

3. After the investigation, charge-sheet was submitted by the Inquiry Officer, in which, only three persons, namely, Ashok Kumar (husband), Pradeep Kumar (brother-in-law and Smt. Mayawati (mother-in-law) of the respondent no.2 were named in the charge-sheet. The present applicants were summoned under Section 319 Cr.P.C. to face the trial in criminal case No. 1635 of 2014, State vs. Asok Kumar and others have been charge-sheeted, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act.

4. Learned counsel for the applicants submitted that during pendency of the trial, this Hon’ble Court vide order dated 23.01.2015, granted protection to the applicants and trial proceeded against the persons named in the charge-sheet.

5. During pendency of the trial, Smt. Mayawati (mother-in-law) died and remaining two accused persons, namely, Krishan Pal (husband of respondent no.2) and Pradeep Kumar i.e. brother-in-law of the respondent no.2 have been acquitted vide order dated 21.02.2025, passed by learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar.

6. Counsel for the applicants submits that since the main accused have already been acquitted of the charges levelled against them, therefore, no fruitful purpose would be served in continuing the proceedings against them.

7. Despite service of notice on respondent no.2, no one has put in appearance.

8. After considering the rival submissions of learned counsel for the applicants and learned Deputy Advocate General, this Court is of the considered view that if main accused are acquitted, no criminal proceedings can be sustained against other co-accused on the same set of witnesses as there is no separate witness and on the basis of testimony of the same witnesses, accused were acquitted by the Trial Court. Whenever, there is no prospect of the case ending in conviction valuable time of the Court should not be wasted in holding the trial only for the purpose of completing the procedure to pronounce the conclusion on a future date, therefore, criminal proceedings cannot be permitted to continue against the present applicants.

9. Therefore, present C-482 Petition is allowed.

10. Accordingly, the order dated 31.10.2024, passed by 1st Additional District & Sessions Judge, Haridwar, in Criminal Revision No. 332 of 2014, Krishan Pal and others vs. State of Uttarakhand & another as well order passed by learned Additional Chief Judicial Magistrate, Roorkee in Criminal Case No. 1635 of 2014, State vs. Ashok Kumar and others, summoning the accused under Sections 319 Cr.P.C. for facing trial under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, are hereby quashed.

Petition allowed.

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