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Judgment
Hon’ble Siddhartha Sah, J. (Oral)
By means of the Criminal Misc. Application, the applicant seeks to quash the charge sheet dated 12.01.2021 and the impugned order dated 19.02.2021 passed in Criminal Case No. 1839 of 2021, State Vs. Ajay Jatav & Another, as well as the entire proceedings of the aforesaid criminal case, pending in the Court of Addl. Chief Judicial Magistrate, Haldwani.
During the pendency of the instant Criminal Miscellaneous Application, the parties have entered into a settlement. Compounding Application (I.A. No. 1 of 2026) has been filed seeking permission to compound the offences.
Applicant Ajay Jatav, present in person through V.C., duly identified by his learned counsel. On an interaction with the applicant, he states that he has entered into a settlement with respondent No. 2, and the parties to the matrimony are parting ways by virtue of a divorce suit, which has already been filed before the Court of Principal Judge, Family Court, Haldwani.
Respondent No. 2, Sarika Kumari, present in person through V.C., duly identified by her counsel. On an interaction with respondent No. 2, Sarika Kumari, she has stated that the matrimonial dispute has been settled between the parties, and the parties have decided to part ways, and a divorce suit has already been filed before the Family Court. She has also stated that she does not want to prosecute the applicant any further and wants to settle the criminal case as well.
Learned State counsel submits that the matter emanates out of a matrimonial dispute between the parties, and they have already entered into an amicable settlement. There is no objection on the side of the State.
Learned counsel for respondent No. 2 also states that the matter has already been resolved between the parties and the matter has been settled by filing a divorce suit between Ajay Jatav and Sarika Kumari; therefore, no useful purpose would be served by keeping the matter pending any further.
In the compounding application on behalf of the applicant Ajay Jatav and respondent No. 2, Sarika Kumari, it has been stated that, as per the compromise entered into between the parties, there happens to be a settlement of all disputes amicably, the entire proceedings of the impugned criminal case qua the applicant deserve to be compounded/quashed.
Thus, in view of the facts and circumstances where the matter emanates out of a matrimonial dispute, and the applicant and respondent No. 2 have settled their disputes amicably, and respondent No. 2 has expressed her desire not to pursue the proceedings against the applicant any further, no useful purpose would be served by letting the matter go into trial.
In cases of B.S. Joshi and Others vs. State of Haryana and Another, (2003) 4 SCC 675; Nikhil Merchant vs. CBI and Another, (2008) 9 SCC 650; and Gian Singh vs. State of Punjab, (2012) 10 SCC 303, as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh), decided on 06.12.2012, the Hon'ble Supreme Court has permitted compounding in non-compoundable offences, in the exercise of powers under Section 482 of the Cr.P.C.; hence, the compounding application deserves to be allowed.
In such view of the matter, since respondent No. 2, who is the complainant, has expressed her desire that the matter may be compounded and that she does not wish to prosecute the applicant any further, sending the matter for trial would be a futile exercise. Therefore, in exercise of the powers under Section 482 of the Cr.P.C., the compounding application deserves to be allowed. Hence, the compounding application is allowed.
As a consequence thereof, the charge sheet dated 12.01.2021 and the impugned order dated 19.02.2021 passed in Criminal Case No. 1839 of 2021, State Vs. Ajay Jatav & Another, as well as the entire proceedings of the aforesaid criminal case, pending in the Court of Addl. Chief Judicial Magistrate, Haldwani, are hereby quashed qua the present applicant only.
The present Criminal Misc. Application is disposed of accordingly.
Pending application, if any, stands disposed of accordingly.