Prashant Kumar vs State Of Uttarakhand And Another

Ravindra Maithani, J

The petitioner seeks quashing of the Chargesheet dated 02.08.2023 (FIR No.65 of 2023, Police Station Cantt., District Dehradun, Under Sections 498-A, 323, 504 IPC and Section ¾ of the Dowry Prohibition Act, 1961), Cognizance/ Summoning Order dated 05.03.2024, passed in Criminal Case No.1347 of 2024, State Vs. Prashant Kumar, , by the court of Second Additional Chief Judicial Magistrate, Dehradun, District Dehradun (“the case”) as well as the entire proceedings of the case, on the basis of amicable settlement between the parties. A joint compounding application has been filed along with the affidavits.

Heard learned counsel for the parties and perused the record.

The case is based on an FIR lodged by the lodged by the respondent no.2 (“the informant”), according to which, she and the petitioner were married on 11.06.2022, but after marriage, she was harassed and tortured for and in connection with the demand of dowry. The FIR is quite in detail. It records that a lot of atrocity was done on the informant. It is this FIR in which after investigation, chargesheet was submitted and the proceedings of the case have been initiated.

Learned counsel for the parties would submit that parties have settled the dispute amicably and decided to stay separate.

The petitioner as well as the respondent no.2 is present before this Court in person, as identified by their respective counsel. They have accepted the compromise.

The Court particularly asked the informant. She would submit that the matter has already been settled amicably. She does not want to proceed with the case.

Having considered the nature of offence and all the attending factors, 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.

Accordingly, the petition is allowed. The chargesheet dated 02.08.2023, Cognizance/ Summoning Order dated 05.03.2024, as well as the entire proceedings of the case, are hereby quashed.

Compounding Application No. 01 of 2024 stands disposed of, accordingly.