Devvrat Choudhary vs State Of Uttarakhand And Another

Pankaj Purohit, J

Present C482 application has been filed by the applicant along with compounding application for quashing the impugned Charge Sheet No.279 of 2019 dated 24.12.2017, F.I.R. No.267 of 2017 dated 28.10.2017 (Case Crime No.442 of 2017), under Sections 498-A, 323 and 506 of IPC, registered in Police Station Kotwali Ranpiur, District Haridwar as well as summoning/cognizance order dated 16.03.2018 passed by learned Additional Chief Judicial Magistrate, Haridwar in Criminal Case No.661 of 2018, State Vs. Devvrat Choudhary and others, under Sections 498-A, 323 and 506 of IPC.

It is contended in the compounding application by the parties that they have reached to amicable settlement as complainant/respondent no.2 and applicant no.1 got settled their dispute in terms of applying and taking a mutual divorce and in pursuance thereof a joint petition bearing No.591 of 2023, Smt. Ritesh Choudhary Vs. Devvrat Choudhary, under Section 13-B of Hindu Marriage Act, 1955 has already been filed by them before the court of learned Family Judge, Haridwar.

In sequel to order dated 21.03.2024, applicant no.1 (Devvrat Choudhary), respondent no.2 (Riesth Choudhary) and their minor daughter (Lakshika) are present, before this Court, who are duly identified by their respective Advocates.

On interaction with the parties, it was found that they do not want to prolong the matter any further and want to settle their dispute amicably.

I have gone through the compounding application and the pleadings made by the applicants in C482 application.

Per Contra, learned counsel for the State has formally objected to the compounding in view of offences made out in the present case.

This Court is convinced that once the parties have decided to settle their dispute amicably, it would not be appropriate to direct them to join the trial which would ultimately result into nothing but acquittal and would amount to be a futile exercise.

Accordingly, Compounding Application (IA No.1 of 2024) is allowed. The offences between the parties are permitted to be compounded. As a result, the impugned Charge Sheet No.279 of 2019 dated 24.12.2017, F.I.R. No.267 of 2017 dated 28.10.2017 (Case Crime No.442 of 2017), under Sections 498-A, 323 and 506 of IPC, registered in Police Station Kotwali Ranpiur, District Haridwar as well as summoning/cognizance order dated 16.03.2018 passed by learned Additional Chief Judicial Magistrate, Haridwar in Criminal Case No.661 of 2018, State Vs. Devvrat Choudhary and others, under Sections 498-A, 323 and 506 of IPC are hereby quashed along with the entire proceedings of the aforesaid criminal case.

C482 application stands disposed-off in the aforesaid terms.