Shantanu Kumar Dalwani vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant - accused Shantanu Kumar Dalwani has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 06.09.2021 and the entire proceedings of Criminal Case No.18 of 2022, “”State of Uttarakhand vs. Shantanu Kumar Dalwani”, pending before the court of Additional Chief Judicial Magistrate/ Ist Additional Civil Judge (Senior Division), Udham Singh Nagar.

Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the summoning order against the present applicant for the offence under Sections 323, 498A, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Mani Kumar, learned counsel for the applicant, Mr. Ranjan Ghildiyal, learned AGA for the State and Mr. Kishore Rai, learned counsel for the respondent no.2/informant/victim.

In compliance of the order dated 24.05.2022, the applicant – Shantanu Kumar Dalwani and the respondent no.2 – Smt. Prarthna Arora, the informant/victim are present through video conferencing. The applicant - Shantanu Kumar Dalwani is identified by Mr. Mani Kumar, Advocate and the respondent no.2 – Smt. Prarthna Arora is identified by Mr. Kishore Rai, Advocate.

The applicant and the respondent no.2 submitted that there were matrimonial disputes between them, and, the said disputes have been resolved by them. The applicant and the respondent no.2 further submitted that they have filed a joint Compounding Application (IA No.01 of 2022) along with affidavits with their free will and without any pressure.

The respondent no.2 further submitted that she does not want to proceed with the said criminal case against the applicant.

The learned counsel for the State submitted that there were matrimonial disputes between the parties, and, the said disputes have been resolved, 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 impugned charge-sheet dated 06.09.2021 and the entire proceedings of Criminal Case No.18 of 2022, “”State of Uttarakhand vs. Shantanu Kumar Dalwani”, pending before the court of Additional Chief Judicial Magistrate/ Ist Additional Civil Judge (Senior Division), Udham Singh Nagar, are quashed.

Resultantly, the impugned charge-sheet dated 06.09.2021 and the entire proceedings of Criminal Case No.18 of 2022, “”State of Uttarakhand vs. Shantanu Kumar Dalwani”, pending before the court of Additional Chief Judicial Magistrate/ Ist Additional Civil Judge (Senior Division), Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No.542 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.