JAI PRAKASH BHADULA AND ANOTHER vs STATE OF UTTARAKHAND AND ANOTHER

Present criminal misc. application under section 482 has been filed by the applicant with the prayer to quash the Criminal Case No.1752 of 2017,

State vs. Jai Prakash Bhadula and another pending before A.C.J.M., Kashipur, arising out of F.I.R. No.216 of 2015, Case Serial No.32 of 2015, under

Sections 498-A, 323, 504 of I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kashipur, District Udham Singh Nagar and the cognizance and summoning

order dated 25.04.2017. Alongwith the criminal misc. application, compounding application has been filed. In support of compounding application,

compromise affidavits have been filed by the applicant no.1-Jai Prakash Bhadula alongwith applicant no.2 and respondent no.2-Naresh (Ramesh)

Pokhariyal. In the compounding application, it is stated that applicants and respondent no.2 and her daughter (alleged victim) entered into compromise

and settled the dispute outside the Court. Therefore, the offence under Sections 323, 504 of IPC and 3/4 Dowry Prohibition Act are compoundable

offence and offence under Section 498-A IPC is not constituted as per the allegation made in the FIR and the same can be compounded in the interest

of justice.Â

It is prayed that the entire proceedings of Criminal Case No.1752 of 2017 State vs. Jai Prakash Bhadula and another pending before the A.C.J.M.,

Kashipur may be quashed.

Parties are present in the Court today and daughter of respondent no.2 is also present. They are duly identified by their respective counsel. They

admit the compromise.Â

In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC

303 as well as in Transfer Petition (Criminal) No.115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal

proceedings can be quashed by this Court, if Court is satisfied that matter has been settled between the parties amicably and parties are interested to

restore peace and harmony between them.Â

Having considered submissions of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that

the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed.Â

Accordingly, the criminal misc. application filed under section 482 is allowed. Entire proceedings of Criminal Case No.1752 of 2017 State vs. Jai

Prakash Bhadula and another pending before the A.C.J.M., Kashipur, so far same relate to the applicants, are hereby quashed.

Compounding application is, accordingly, disposed of.Â