Bikram Singh Chaudhary And Others vs State Of Uttarakhand And Another

Ravindra Maithani, J

By means of the instant petition, the petitioners seek quashing of the summoning order dated 09.04.2019 passed in Criminal Case No. 5610 of 2018, Smt. Chhavi Tomar v. Sharad Chaudhary & others, under Section 406 IPC, by the court of IIIrd Additional Chief Judicial Magistrate, Dehradun (“the case”) as well as the entire proceedings of the case, on the basis of amicable settlement between the parties.

Heard learned counsel for the parties and perused the record.

A joint compounding application has been filed by the petitioners as well as the respondent no. 2 (“the informant”), supported by the affidavits.

It is argued that the dispute arises out from matrimonial discord. The parties have settled the dispute amicably. In a separate petition filed by the husband, the proceedings have been dropped qua the husband.

The petitioners and the informant are personally present before the Court, duly identified by their respective counsel. They have verified the contents of the compounding application and stated that they have settled the dispute amicably.

The Court particularly asked the informant. She would submit that the parties have settled the dispute amicably. The parties have already filed a divorce petition. She would submit that she has received 40% of the agreed amount and she would receive the remaining amount after second motion of divorce petition, which has been filed by the parties with mutual consent. Now, she does not want to proceed with the case.

Having considered, 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.

The petition is allowed. The summoning order dated 09.04.2019 as well as the entire proceeding of the case is hereby quashed.

Compounding application No. 4 of 2022 stands disposed of accordingly.