Raj Kumar vs State Of Uttarakhand And Another

Ravindra Maithani, J

The petitioner seeks quashing of summoning/cognizance order dated 09.07.2020, Charge-Sheet No.01/20 dated 27.03.2020, passed in Criminal Case No.4552 of 2020, State vs. Raj Kumar, in FIR/Case Crime No.26 of 2020, under Sections 498-A, 323 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station Kashipur, District Udham Singh Nagar, pending in the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar (“the case”) as well as entire proceeding of the case on the basis of amicable settlement between the parties. A joint compounding application has also been filed supported by the affidavits.

Heard learned counsel for the parties and perused the record.

Learned counsel for the parties would submit that it was a matrimonial discord. The parties have settled the dispute amicably and now, they are staying together.

The petitioner and the respondent no.2 are before the Court, as identified by their respective counsel. They have verified the compromise. They have stated that they settled the dispute amicably. The respondent no.2 submits that they have settled the dispute amicably and now, they are staying together; she does not want to proceed with the case.

Having considered the nature of the offence and other attending factors, this Court is of the view that the petition may be decided on the basis of compromise between the parties. Accordingly, the criminal misc. application deserves to be allowed.

The instant petition is allowed. The summoning/cognizance order dated 09.07.2020, Charge-Sheet No.01/20 dated 27.03.2020 as well as entire proceedings of the case, are hereby quashed.

Compounding Application (IA) No.1 of 2024 stands disposed of accordingly.