Mohan Giri vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No.270 of 2017, “State vs.Mohan Giri”, under Sections 498A, 323, 504 and 506 of IPC. According to the learned counsel for the applicant and the learned counsel for the respondent, the said Criminal Case is pending before the learned Judicial Magistrate, Khatima, District Udham Singh Nagar.

Heard Mr. Deep Prakash Bhatt, the learned counsel for the applicant, Mr. Pratiroop Pandey, the learned A.G.A. assisted by Mrs. Lata Negi, the learned Brief Holder for the State and Mr. Ajay Joshi, the learned counsel for the respondent no.2.

The applicant-accused, Mohan Giri, is present in-person before this Court. He is identified by Mr. Deep Prakah Bhatt, Advocate.

The respondent no.2-Smt. Janki Goswami, the informant/victim, is present in-person before this Court. She is identified by Mr. Ajay Joshi, Advocate.

The applicant and the respondent no.2 submitted that there were matrimonial disputes and they have resolved their disputes. They further submitted that after resolving their disputes, they have filed a joint Compounding Application (IA No. 1 of 2022) along with affidavits. The respondent no.2-Smt. Janki Goswami submitted that she has filed her affidavit with her free will and without any pressure. She further submitted that she does not want to proceed with the said criminal case.

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

Keeping in view of the totality of the fact 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.270 of 2017, “State vs. Mohan Giri”, pending before the learned Judicial Magistrate, Khatima, District Udham Singh Nagar, are quashed.

Resultantly, the entire proceedings of Criminal Case No.270 of 2017, “State vs. Mohan Giri”, pending before the learned Judicial Magistrate, Khatima, District Udham Singh Nagar, are, hereby, quashed.

The Criminal Misc. Application (No.1025 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.