High CourtsSingle Bench

Sanjay Devrari vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 24 May 2022 · Citation: (2022) 05 UK CK 0094

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 498A, 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 564 Of 2021
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Judgment

10 paragraphs · 276 words

Ravindra Maithani, J

1.

By means of the instant petition, the petitioner seeks quashing of the chargesheet dated 20.10.2029, summoning order dated 19.01.2021, passed in Criminal Case No. 8488 of 2019, State v. Sanjay Devrari, under Sections 323, 498A, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, by the court of Chief Judicial Magistrate, Haldwani, District Nainital (“the case”), as well as the entire proceedings of the case, on the basis of amicable settlement between the parties.

2.

Heard learned counsel for the parties and perused the record.

3.

A joint compounding application has been filed by the petitioner as well as the respondent no. 2 (“the informant”), supported by the affidavits.

4.

It is argued that the dispute arises out from matrimonial discord. The parties have settled the dispute amicably.

5.

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.

6.

The Court particularly asked the informant. She would submit that the parties have settled the dispute amicably. She has decided to stay separate and now she does not want to proceed with the case.

7.

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.

8.

The petition is allowed. The chargesheet dated 20.10.2029, summoning order dated 19.01.2021 as well as the entire proceeding of the case are hereby quashed.

9.

Compounding application No. 4 of 2022 stands disposed of accordingly.