Sumit Kumar Bhatt vs State Of Uttarakhand And Another

Ravindra Maithani, J

The petitioner seeks quashing of the chargesheet no.26 of 2021, dated 05.06.2021 (FIR No.0061 of 2020) under Section 498-A IPC, Police Station Bhimtal, District Nainital, Cognizance/ Summoning Order dated 16.07.2021, passed in Criminal Case No.122 of 2022, State Vs. Sumit Bhatt, by the court of Chief Judicial Magistrate, Nainital, District Nainital (“the case”) as well as the entire proceedings of the case, on the basis of amicable settlement between the parties. A joint compounding application has been filed along with the affidavits.

Heard learned counsel for the parties and perused the record.

According to the FIR, the respondent no.2 and the petitioner were married on 09.03.2017, but after marriage, the respondent no.2 was harassed and tortured for and in connection with the demand of dowry. The FIR is quite in detail. It is this FIR, in which after investigation, chargesheet under Section 498-A IPC was submitted against the petitioner, in which the summoning and cognizance orders were passed.

Learned counsel for the parties would submit that the FIR in the instant case was lodged by the respondent no.2, the wife, in which after investigation, chargesheet was submitted. Now parties have settled the dispute amicably. They would seek mutual divorce.

The petitioner as well as the respondent no.2 is present before the Court, as identified by their respective counsel. They have accepted the compromise. It is submitted that parties have already filed petition for mutual divorce.

Having considered the nature of offence and all the attending factors, this Court is of the view that it is a case, which may be decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

Accordingly, the petition is allowed. The chargesheet dated 05.06.2021, Cognizance/ Summoning Order dated 16.07.2021, as well as the entire proceedings of the case, are hereby quashed.

Compounding Application No. 01 of 2024 stands disposed of, accordingly.