Mohd. Jubair vs State Of Uttarakhand And Another

Ravindra Maithani, J

By means of the instant petition, the petitioner seeks quashing of the chargesheet dated 08.04.2021, summoning order dated 12.11.2021, passed in Criminal Case No. 542 of 2021, State v. Jubair Khan, under Sections 498A, 323, 506 IPC and 3/4 of the Dowry Prohibition Act, 1961, by the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar (“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 petitioner 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.

The petitioner 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. She would submit that she has divorced with her husband. She is staying with her mother and 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 chargesheet dated 08.04.2021, summoning order dated 12.11.2021 as well as the entire proceeding of the case are hereby quashed.

Compounding application No. 1 of 2022 stands disposed of accordingly.