Manish Aswal And Two Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 28.02.2020, summoning order dated 11.02.2021 and the entire proceedings of Criminal Case No. 1637 of 2021, pending before the Court of Chief Judicial Magistrate, Dehradun.

Smt. Pratima, respondent no. 2-informant/victim, is present with her learned counsel Mr. Bhupendra Singh Bisht, Advocate.

All the three applicants, namely, Manish Aswal, the applicant no.1-accused/husband of the respondent no.2, Deepak Aswal, applicant no.2/brother-in-law (Jeth) of the respondent no.2, and, Smt. Sunita Aswal, applicant no.3/wife of the applicant no.2, are present with their learned counsel Mr. Nalin Saun, Advocate.

Both, Smt. Pratima, respondent no.2 and all the three applicants have submitted that there were matrimonial disputes between the parties and they have resolved their disputes and after resolving their disputes, they have filed a Compounding Application (IA No. 1 of 2023) along with affidavits with their free will and without any pressure.

Both, applicants and respondent no.2 further submitted that a petition under Section 13 B of the Hindu Marriage Act, 1955 is pending before the Court concerned.

Smt. Pratima, respondent no.2, submitted that she does not want to continue with the proceedings, which is pending before the Chief Judicial Magistrate, Dehradun.

Mr. Sandeep Sharma, learned Brief Holder submitted that there was matrimonial disputes between the parties and they have resolved their disputes, therefore, the State has no objection to compound the offence.

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 impugned charge-sheet, summoning order and the entire proceedings of Criminal Case No. 1637 of 2021, pending before the Court of Chief Judicial Magistrate, Dehradun, are quashed.

Consequently, the impugned charge-sheet, summoning order and the entire proceedings of Criminal Case No. 1637 of 2021, pending before the Court of Chief Judicial Magistrate, Dehradun, are hereby quashed.

The Application, filed under Section 482 of the Code of Criminal Procedure, 1973 stands disposed of.