Rajesh Kumar vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Proposed Criminal Revision has been filed challenging the order dated 04.01.2023, passed by learned Judicial Magistrate/ IInd Additional Civil Judge, Kashipur, District Udham Singh Nagar in Criminal Case No.1107 of 2020, “State vs. Rajesh”, by which, learned Magistrate has directed to frame the charges against the revisionist – accused under Sections 498A, 323, 504, 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961.

Proposed revisionist – accused Rajesh Kumar is present with his learned counsel Mr. P.C. Petshali, Advocate. Respondent no.2 – Smt. Manju is present with her learned counsel Mr. Yogesh Upadhyay, Advocate. Mr. Pramod Tiwari, learned counsel for the State.

Heard on Delay Condonation Application (IA No.01 of 2023). The said application has not been opposed by the respondents. The Delay Condonation Application (IA No.01 of 2023) is allowed. Delay of 169 days’ in filing the Revision is condoned.

Admit.

Revisionist – Rajesh Kumar is the husband of respondent no.2 – Smt. Manju.

Both, revisionist and the respondent no.2 submit that they have settled their disputes and after settling their disputes, they have filed a joint Compounding Application (IA No.02 of 2023) along with affidavits. They further submit that they have filed affidavits with their free will and without any pressure. They have requested to compound the said offences.

The said request has not been opposed by the State.

Mr. P.C. Petshali, Advocate, and Mr. Yogesh Upadhyay, Advocate, have relied upon a judgment of the Hon’ble Supreme Court, passed in “Bitan Sengupta and Another vs. State of West Bengal and Another”, (2018) 18 SCC 366.

The present Revision (No.687 of 2023) deserves to be allowed and is accordingly allowed by holding that since the said offences have been compounded, the revisionist is entitled to acquittal.

Consequently, revisionist – Rajesh Kumar is ordered to be acquitted of the charges levelled against him.