Ashok Singh Negi And Others vs State Of Uttarakhand And Others

Heard learned counsel for the parties.

By means of the present C482 application, the applicant has put to challenge the charge-sheet No.18 of 2022 arising out of FIR No.5 of 2022

registered at Police Station Kirti Nagar, District Tehri Garhwal along with the cognizance order dated 11.10.2022 passed by learned Judicial

Magistrate, Kirti Nagar, District Tehri Garhwal in Criminal Case No.197 of 2022,S tate Vs. Ashok Negi and Others, under Sections 498A, 323, 504,

506 IPC against the applicant Nos.1 to 3 and under Sections 323, 504, 506 IPC against the applicant No.4.

Along with the present C482 application, a joint compounding application (IA/4/2024) is filed duly supported by separate affidavits by applicants and

respondent No.3.

In the compounding application, it has been stated by the parties that they have entered into a settlement on 26.11.2024 and the applicants have

agreed to pay a total sum of Rs.42,00,000/- to the respondent No.3 and the respondent No.3 doesn’t want to pursue with the case anymore.

Applicants-Ashok Singh Negi, Rajpal Singh Negi, Smt. Savitri Negi and Neeta Pravin Mestri are present through V.C. and respondent No.3-Manju

Negi is present before this Court, who are duly identified by their respective counsels. On interaction, respondent No.3 categorically stated that she

has already received a sum of Rs.25,00,000/- from her husband-applicant No.1.

Learned counsel for the applicant submits that rest of the amount of Rs.18,00,000/- has now been handed over to the respondent No.3 vide post-

dated cheque No.362803 dated 27.01.2025 Branch Yes Bank, Rajpur Road. He also submits that the petition filed under Section 13-B of the Hindu

Marriage Act being HMA petition No.446 of 2024 is still pending before the Court of Principal Family Judge, Dehradun and the second motion of the

said petition will be started on 04.02.2025.

Having perused the compounding application as well as the documents available on record, this Court is of the view that if the parties do not wish to

pursue with the criminal proceedings anymore and they have settled their dispute amicably, it would not be useful for referring the applicants to Court

to face the trial and it would amount to a futile exercise. In view of the compromise arrived at between the parties, nothing remains to be decided in

the present matter.

Accordingly, compounding application (IA/4/2024) is allowed. The entire proceedings of Criminal Case No.197 of 2022,S tate Vs. Ashok Negi and

Others, pending in the Court of learned Judicial Magistrate, Kirti Nagar, District Tehri Garhwal, is hereby quashed. Resultantly, charge-sheet No.18

of 2022 dated 01.09.2022 arising out of FIR No.5 of 2022 dated 28.01.2022 registered at Police Station Kirti Nagar, District Tehri Garhwal, stands

quashed.

Accordingly, the present C528 application is disposed of in terms of the compromise, subject to the encashment of cheque as referred in Para-6 of

this judgment.

Pending application(s), if any, also stands disposed of.