High CourtsSingle Bench(2022) 04 UK CK 0092

Ashish Sharma And Smt. Annapuma @ Annapurna Sharma vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 22 April 2022

HON’BLE JUDGES
Alok Kumar Verma, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 1342 Of 2021

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Judgment

10 paragraphs · 362 words

Alok Kumar Verma, J

1.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to quash the impugned First Information Report No.305 of 2021, registered with Police Station Kotwali Dehradun, District Dehradun for the offence under Sections 323, 504, 506, 498A of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2.

Heard Mr. Pradeep Chamyal, learned counsel for the petitioners, Mr. Pratiroop Pandey, learned AGA for the State/ respondent nos.1 and 2 and Mr. Pawan Mishra, learned counsel for the informant/victim/respondent no.3.

3.

Smt. Shikha Thakur, the respondent no.3 is present in-person before this Court and she is identified by Mr. Pawan Mishra, Advocate.

4.

The petitioner no.1 is present in-person and he is identified by Mr. Pradeep Chamyal, Advocate.

5.

Smt. Shikha Thakur, the respondent no.3 and her husband the petitioner no.1 – Ashish Sharma submitted that there were matrimonial disputes between them and they have resolved their said disputes. The respondent no.3 submitted that she does not want to proceed with the impugned First Information Report. Both, the respondent no.3 and the petitioner further submitted that they have filed a joint Compounding Application (IA No.05 of 2022) along with the affidavits with their free will and without any pressure.

6.

The learned counsel for the State submitted that there were matrimonial disputes between the parties and the said disputes have been resolved by them, therefore, the State has no objection.

7.

Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the First Information Report No.305 of 2021, registered with Police Station Kotwali Dehradun, District Dehradun for the offence under Sections 323, 504, 506, 498A of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961, is quashed.

8.

Resultantly, the impugned First Information Report No.305 of 2021, registered with Police Station Kotwali Dehradun, District Dehradun for the offence under Sections 323, 504, 506, 498A of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961, is hereby quashed.

9.

The Criminal Writ Petition No.1342 of 2021 is disposed of, accordingly.