High CourtsSingle Bench

Ankit Batra vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 24 April 2023 · Citation: (2023) 04 UK CK 0075

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 498A
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 310 Of 2023
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Judgment

12 paragraphs · 351 words

Alok Kumar Verma, J

1.

Applicant-accused Ankit Batra, husband of the respondent no.2-Smt. Kanika Arora, informant/victim, has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.184 of 2023, “State of Uttarakhand vs. Ankit Batra”, pending before the Court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

2.

Subsequent to filing the charge-sheet, learned Trial Court took the cognizance for the offence punishable under Section 498A of the Indian Penal Code, 1860 and passed the summoning order against the applicant-accused.

3.

Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant, Mr. Pankaj Joshi, learned Brief Holder for the State and Mr. B.S. Koranga, learned counsel for the respondent no.2/informant/victim.

4.

Applicant-accused Ankit Batra is present in-person before this Court.

5.

Smt. Kanika Arora, respondent no.2, is present in-person before this Court.

6.

Both, applicant and respondent no.2 submitted that there were matrimonial disputes between them and they have resolved their disputes and after resolving their matrimonial disputes, they have filed a joint compounding application along with affidavits with their free will and without any pressure.

7.

Smt. Kanika Arora, respondent no.2, further submitted that she does not want to proceed with the said criminal case.

8.

Learned counsel for the State submitted that there were matrimonial disputes between the parties and they have resolved their disputes, therefore, State has no objection.

9.

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 entire proceedings of Criminal Case No.184 of 2023, “State of Uttarakhand vs. Ankit Batra”, pending before the Court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are quashed.

10.

Resultantly, the entire proceedings of Criminal Case No.184 of 2023, “State of Uttarakhand vs. Ankit Batra”, pending before the Court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are quashed.

11.

Criminal Miscellaneous Application No.310 of 2023, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.