Kapil Dang and Others vs State of Uttarakhand and Another

V.K. Bist, J.—Compounding application No. 1363 of 2010, filed on behalf of the applicants in the Court today. Same is taken on record.

Heard learned Counsel for the parties.

Present petition has been filed for quashing the charge sheet dated 14.08.2010 u/s 498A/34 & 323 of IPC (Crime No. 278 of 2010) P.S. Kotwali Nagar, Dehradun District Dehradun and also for quashing the proceedings of Criminal Case No. 2654 of 2010 pending before the Chief Judicial Magistrate, Dehradun.

The applicant No. 1 is the husband of Respondent No. 2, applicant No. 2 is the mother-in-law, applicant No. 3 is father-in-law and applicant No. 4 is brother-in-law of the Respondent No. 2.

Brief facts of the case are that on 18.07.2010, the Respondent No. 2 lodged an FIR at Police Station Kotwali, Dehradun alleging therein that on 17.07.2010, the applicant No. 1 with other applicants has beaten the Respondent No. 2. The matter was investigated and the charge sheet was filed.

During the pendency of this Criminal Misc. application the applicants and the Respondent No. 2 have settled their dispute amicably and now there is no dispute between the parties.

Today, Shri Kapil Dang and Smt. Gunjan Dang are present in the Court. They stated that they have a small child of two years and now they have settled their dispute amicably. They have also filed a Compounding application in which it is submitted that there is no dispute between the parties and the Respondent No. 2 does not want to prosecute the applicants in Criminal Case No. 2654 of 2010. In the application, prayer has been made for permitting them to compound the offence.

Learned Counsel for the applicants placed reliance on the judgment of the Hon''ble Supreme Court in reported in B.S. Joshi and Others Vs. State of Haryana and Another, Criminal Appeal No. 383 of 2003 (Arising out of SLP (Crl.) No. 3416 of 2002) "B.S. Joshi and Ors. v. State of Haryana and Anr." and prayed that application be allowed.

In view of the statement made by Shri Kapil Dang and Smt. Gunjan Dang and also in view of the facts mentioned in the affidavit of the applicants, the application is allowed. The proceedings of Criminal Case No. 2654 of 2010 pending before the Chief Judicial Magistrate, Dehradun are quashed.

Shri Kapil Dang and Smt. Gunjan Dang stated that both will go to the house of Shri Kapil Dang from here and will live together peacefully and happily.