Santosh vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present applicant – accused Santosh is the husband of the respondent no.2, informant/victim. Charges against the present applicant has been framed for the offence under Sections 498A, 323, 504, 506 and 342 IPC. The present applicant has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.490 of 2022, “State vs. Santosh”, pending before the Court of Judicial Magistrate/Civil Judge, Kichha, District Udham Singh Nagar for the said offences.

Heard Mr. Mani Kumar, learned counsel for the applicant & Mr. Kishore Rai, learned counsel for the respondent no.2/informant/victim through Video Conferencing and Mr. Siddhartha Bisht, learned Brief Holder for the State.

The applicant – accused Santosh and the respondent no.2 Smt. Kedal – informant/victim are present through Video Conferencing. The applicant is identified by Mr. Mani Kumar, Advocate, and Smt. Kedal – informant/victim is identified by Mr. Kishore Rai, Advocate.

Both, the applicant and the respondent no.2 submitted that there were matrimonial disputes between them and they have resolved their disputes and after resolving their disputes they are living together. They further submitted that they have filed a Compounding Application (IA No.02 of 2023) along with affidavits with their free will and without any pressure.

Learned counsel for the State submitted that there were matrimonial disputes between the applicant and the respondent no.2 and they have resolved their disputes, therefore, the State has no objection.

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.490 of 2022, “State vs. Santosh”, pending before the Court of Judicial Magistrate/Civil Judge, Kichha, District Udham Singh Nagar for the offence under Sections 498A, 323, 504, 506 and 342 IPC, are quashed.

Resultantly, the entire proceedings of Criminal Case No.490 of 2022, “State vs. Santosh”, pending before the Court of Judicial Magistrate/Civil Judge, Kichha, District Udham Singh Nagar for the offence under Sections 498A, 323, 504, 506 and 342 IPC, are hereby quashed.

The Criminal Misc. Application (No.209 of 2023), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.

Urgency Application (IA No.01 of 2023) stands disposed of accordingly.