High CourtsSingle Bench(2021) 02 UK CK 0032

Amit Goswami @ Rohit vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 18 February 2021

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 274 Of 2021

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Judgment

20 paragraphs · 318 words

Ravindra Maithani, J

1.

The instant petition is filed for quashing the proceedings of Criminal Case No.1164 of 2019, “State Vs. Amit Goswami @ Rohitâ€, pending in the

court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar (for short “the Caseâ€), on the basis of amicable settlement

between the parties.

2.

The first information report was lodged on 13.07.2018 by respondent no.2, who is the informant, under Sections 323, 376, 494, 498-A, 504, 506 and

511 of IPC, against the petitioner and others. After investigation, a charge-sheet was submitted against the petitioner under Sections 498-A, 494, 323,

504 and 506 of IPC, which is basis of the case.

3.

The petitioner and respondent no.2 and her counsel joined the proceedings through video conferencing. Learned counsel for the petitioner is present

before this Court.

4.

Heard learned counsel for the parties.

5.

It is submitted that the parties have settled the dispute and they are staying together and a joint compounding application has been filed by the

parties.

6.

The petitioner who is identified by Mr. Vinay Kumar, Advocate and respondent no.2 â€"Seema Goswami who has been identified by Mr. Sanjeev

Singh, Advocate have stated before the Court that they have settled their dispute amicably. On being asked respondent no.2, has stated that she has

been staying with her husband for the last three months. The dispute arises out of matrimonial discord between the parties, they are husband and wife.

They have settled their dispute and are living together.

7.

In view of this, the Court sees no reason to proceed with the case and criminal proceedings may be quashed on this basis only.

8.

The petition is allowed. The proceedings of Criminal Case No.1164 of 2019 “State Vs. Amit Goswami @ Rohitâ€, pending in the court of

Additional Chief Judicial Magistrate, Roorkee, District Haridwar is hereby quashed.

9.

Compounding Application No. 2 of 2021, stands disposed accordingly.