Kalawati Bisht And Others vs State Of Uttarakhand And Another

Ravindra Maithani, J

In the instant petition, the petitioners seek quashing of the summoning order dated 13.03.2015, passed by the Additional Chief Judicial Magistrate,

Roorkee, District Hardwar, in Criminal Case No.276 of 2015, State vs. Mahendra Singh and others, under Sections 498A, 504 IPC and Section 3/4 of

Dowry Prohibition Act 1961 (for short, “the caseâ€) as well as the entire proceedings of the case on the basis of amicable settlement between the

parties.

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

Learned counsel for the petitioner and respondent no.2 and 3 would submit that parties have entered into amicable settlement. The husband of the

victim has already expired post lodging of the FIR. The trial is underway. The statement of some of the witnesses have already been recorded, but the

parties have settled the dispute amicably. It being a matrimonial discord. No fruitful purpose would be served, if the trial is allowed to continue.

A Compounding Application No. 1 of 2022 has been filed by the parties alongwith affidavits.

The victim and the informant, who are respondent no.2 and 3 respectively, as identified by their counsel have admitted before this Court that they

have entered into an amicable settlement.

The petitioners have also joined the proceedings through video conferencing as identified by their counsel. They have also admitted the factum of

settlement between the parties.

Since, it is a matrimonial discord, the parties have settled the dispute amicably, therefore, no purpose would be served, if the case is allowed to

continue. Accordingly, this Court is of the view that the petition may be allowed on the basis of amicable settlement between the parties.

Accordingly, the instant petition is allowed. The summoning order as well as the entire proceedings of the case are hereby quashed.

Compounding application stands disposed of accordingly.