High CourtsSingle Bench(2018) 08 UK CK 0075

Gopichand & others vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 14 August 2018

HON’BLE JUDGES
Sudhanshu Dhulia, J
RESULT
List this case on 18.09.2018 in the daily cause li
CASE NUMBER
Criminal Misc. Application No.1289 of 2018

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Judgment

16 paragraphs · 266 words

SUDHANSHU DHULIA, J.

1.

Mr. S.K. Shandilya, Advocate holding brief of Mr.D.K. Tyagi, Advocate for the applicants.

2.

Mr. V.K. Gemini, Deputy Advocate General with Mr. Dinesh Chauhan, Brief Holder for the State/respondent no.1.

3.

Mr. Sachin Kumar Sharma, Advocate for respondent no. 2.

4.

An FIR has been lodged by respondent no. 2 against the present applicants which has been registered as Case Crime No.107 of 2014 under

Sections 323/498-A of IPC and Section 3/4 of the Dowry Prohibition Act, at Police Station Kotwali City Haridwar, District Haridwar. After

investigation, police filed the charge-sheet against the applicants. Consequently, the learned Magistrate took cognizance in the matter and issued

summons against the present applicants. Hence, the present application under Section 482 CrPC before this Court.

5.

Learned counsel for the applicants submits that now a compromise has been reached between the parties and by now applicant no. 1 and

respondent no. 2 are living together as husband and wife, a fact which is also admitted by the learned counsel for the complainant.

6.

Considering the overall facts and circumstances of the case as well as the fact that criminal proceedings at this stage would be a mere harassment

of the applicants, an interference is presently being called for by this Court.

7.

Consequently, the proceedings of Criminal Case No. 3746 of 2014 pending in the court of learned Chief Judicial Magistrate, Haridwar shall remain

stayed till the next date of listing.

8.

Counter affidavit be filed by the respondents within a period of three weeks.

9.

List this case on 18.09.2018 in the daily cause list.