High CourtsSingle Bench

Jeera Devi vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 4 August 2020 · Citation: (2020) 08 UK CK 0003

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 316, 498A, 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 1082 Of 2019
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Judgment

19 paragraphs · 349 words

Ravindra Maithani, J

1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) has been filed for

quashing the entire proceedings of Criminal Case No.293 of 2015, State Vs. Rajender Kumar and Another, under Sections 498-A, 504 and 506, 316

IPC and 3/4 of Dowry Prohibition Act, 1961 (for short ‘the Act’), pending in the court of Judicial Magistrate Dehradun, District Dehradun (for

short ‘the case’), on the basis of amicable settlement between the parties.

2.

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

3.

During the pendency of this petition, a compounding application has also been filed. In fact, the case is based on an FIR lodged by respondent no.2

against petitioner and co-accused for the offences punishable under Sections 498-A, 504 and 506, 316 IPC and 3/4 of the Act. Today, both the parties

are present before this Court. A joint compounding application has also been filed by the parties supported by their affidavits. Petitioner Jeera Devi is

identified by Mr. Karan Anand, Advocate and the respondent no.2 is identified by Mr. Vivek Jain and Mr. Kartikey Hari Gupta, Advocates. Both the

parties state before this Court that they have compromised the matter.

5.

The case originates from matrimonial discord between the parties and parties have amicably settled their dispute. Therefore, this Court is of the

view that no purpose would be served, if the case proceeds. It would not bring harmony and in fact, the chances of conviction would be much bleak.

Therefore, the proceedings of the case need to be quashed on the basis of amicable settlement between the parties.

6.

Accordingly, the instant petition is allowed.

7.

The entire proceedings of Criminal Case No.293 of 2015, State Vs. Rajender Kumar and Another, under Sections 498-A, 504 and 506, 316 IPC

and 3/4 of the Act, pending in the court of learned Judicial Magistrate Dehradun, District Dehradun is hereby quashed on the basis of amicable

settlement between the parties.

8.

Compounding application (CRMA No.2623 of 2020) stands disposed of accordingly.