Saras Tomar vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an Application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.500 of 2021, “State Vs. Saras Tomar”, pending before the Court of Additional Chief Judicial Magistrate/Senior Civil Judge, Laksar, District Haridwar under Sections 323, 504, 506 and 498-A of the Indian Penal Code, 1860.

Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant, Mrs. Manisha Rana Singh, learned A.G.A with Mr. Balvinder Thind, learned Brief Holder for the State and Mr. B.S. Koranga, learned counsel for the respondent no. 2-informant/victim.

Subsequent to submission of charge-sheet the learned Trial Court took the cognizance and passed the summoning order against the present applicant for the offence punishable under Sections 323, 504, 506 and 498-A of the Indian Penal Code, 1860.

The applicant – Saras Tomar is present through video conferencing. He is identified by Mr. Vikas Kumar Guglani, Advocate.

The respondent no.2 – Smt. Sunita, informant/victim and the wife of the applicant, is present through video conferencing and she is identified by Mr. B.S. Koranga, Advocate.

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 residing together. The respondent no.2 submitted that she does not want to prosecute the applicant. They have further submitted that they have filed a joint compounding application along with affidavits with their free will and without any pressure.

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

Keeping in view of the totality of the facts 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.500 of 2021, pending before the Court of Additional Chief Judicial Magistrate/Senior Civil Judge, Laksar, District Haridwar under Sections 323, 504, 506 and 498-A of the Indian Penal Code, 1860, are quashed.

Resultantly, the entire proceedings of Criminal Case No.500 of 2021, pending before the Court of Additional Chief Judicial Magistrate/Senior Civil Judge, Laksar, District Haridwar under Sections 323, 504, 506 and 498-A of the Indian Penal Code, 1860, are quashed.

The Criminal Miscellaneous Application No.197 of 2023, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.