High CourtsSingle Bench(2020) 08 UK CK 0027

Suresh Chand Mathur vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 18 August 2020

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 534 Of 2020

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Judgment

22 paragraphs · 413 words

Ravindra Maithani, J

1.

Petitioners seek quashing of the Charge Sheet No.40 of 2013 and summoning order dated 04.02.2020, passed in Criminal Case No. 2662 of 2014,

State Vs. Suresh Chand Mathur and others, under Sections 323, 504, 506, 313, 417, 498A IPC and Section 3/4 of Dowry Prohibition Act, 1961,

pending in the court of Additional Chief Judicial Magistrate 3rd, Dehradun.

2.

Heard learned counsel for the parties through video conferencing and perused the record.

3.

Today, it is informed that parties have amicably settled the dispute. It is a case which arises from an FIR lodged on 25.10.2013 by the respondent

no.2 Smt. Geetanjali Singh against the petitioners, with regard to various averments relating to dowry, harassment and torture thereafter. It is this FIR,

in which, after investigation, charge sheet has been submitted.

4.

Petitioners, Suresh Chand Mathur, Chitra Mathur, Tushar Mathur, Vibhash Chandra, Pooja Chandra and Paritosh Mathur are present through video

conferencing. They are at different places duly identified by Mr. Ram Prasad, Advocate, and respondent no.2 Smt. Geetanjali Singh is also present

through video conferencing duly identified by Mr. Himanshu Pal, Advocate.

5.

Petitioners as well as respondent no.2, who is informant as well, would state that they have amicably settled the dispute. Especially, respondent no.2

Geetanjali Singh, would tell the Court that divorce had been obtained in the year 2015 and now she wants to move ahead in her life and the matter has

been amicably settled with the petitioners.

6.

This dispute arises out of matrimonial discord. It is seven years since FIR was filed. Parties have settled their dispute. This Court is of the view that

no purpose would be served if the proceedings of the case are allowed to continue. It won’t bring any harmony and the chances of conviction

would be much bleak. Therefore, this Court is of the view that on the basis of amicable settlement between the parties, the charge sheet, summoning

order and entire proceedings of the case deserve to be quashed.

7.

The petition is allowed. Charge Sheet No.40 of 2013 and summoning order dated 04.02.2020, passed in Criminal Case No. 2662 of 2014, State Vs.

Suresh Chand Mathur and others, under Sections 323, 504, 506, 313, 417, 498A IPC and Section 3/4 of Dowry Prohibition Act, 1961, pending in the

court of Additional Chief Judicial Magistrate 3rd, Dehradun and entire proceedings of the case are hereby quashed.

8.

Compounding Application No. 2777 of 2020 stands disposed of accordingly.