Monty Bhanwal 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. 589 of 2022, “State vs. Monty Bhanwal & Others”, qua the present applicant, pending before the court of Chief Judicial Magistrate, Dehradun,

Subsequent to the submission of the charge-sheet, the learned Trial Court took cognizance and passed the summoning order against the present applicant-accused for the offence under Sections 498A, 323, 504, 506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Mukesh Kumar Kaparuwan, the learned counsel for the applicant, Mr. Subhash Tyagi Bhardwaj, the learned Deputy Advocate General for the State and Mr. Yogesh Pant, the learned counsel for the respondent no.2.

The applicant-accused Monty Bhanwal, husband of the respondent no. 2, is present in-person before this Court and he is identified by Mr. Mukesh Kumar Kaparuwan, Advocate.

The respondent no.2- Smt. Soniya Bhanwal, the informant/victim, is present in-person before this Court and she is dentified by Mr. Yogesh Pant, Advocate.

The applicant, Monty Bhanwal and the respondent no.2 Smt. Soniya Bhanwal, informant/victim, submitted that there were matrimonial disputes between them. They have resolved their matrimonial disputes. After resolving their disputes, they are living as husband and wife. They further submitted that they have filed a joint compounding application along with their affidavits with their free will and without any pressure.

The learned counsel appearing for the State submitted that in the facts and circumstances of the case, the State has no objection.

In the facts and circumstances of the case, it is a fit case, in which, the inherent jurisdiction of the Court should be exercised to do real and substantial justice.

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. 589 of 2022, “State vs. Monty Bhanwal & Others”, pending before the court of Chief Judicial Magistrate, Dehradun, are quashed, qua the present applicant.

Resultantly, the entire proceedings of Criminal Case No. 589 of 2022, “State vs. Monty Bhanwal & Others”, pending before the court of Chief Judicial Magistrate, Dehradun, are quashed, qua the present applicant.

The Criminal Misc. Application (No. 1063 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.