Vipin Dubey And Bhagwati Dubey vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.7809 of 2019, “State of Uttarakhand vs. Vipin Dubey and Another”, pending before the Court of Chief Judicial Magistrate, Udham Singh Nagar in terms of compromise.

Subsequent to submission of the charge-sheet, the learned Trial Court took the cognizance and passed the summoning order against the present applicants, namely, Vipin Dubey, the husband of the respondent no.2, Smt. Bhagwati Dubey, applicant no.2, mother of Vipin Dubey, the applicant no.1 and one Bansidhar Dubey, husband of the applicant no.2, for the offence under Sections 323, 498A, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

The accused Bansidhar Dubey has died. The case has been abated against him on 02.01.2023.

Heard Mr. Mani Kumar, learned counsel for the applicants & 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.

Both the applicants are present through Video Conferencing and they are identified by Mr. Mani Kumar, Advocate. Respondent no.2, Smt. Kirti Tiwari, is present through Video Conferencing and she is identified by Mr. Kishore Rai, Advocate.

Both, the applicants 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 have filed a Compounding Application (IA No.01 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 applicants 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.7809 of 2019, “State of Uttarakhand vs. Vipin Dubey and Another”, pending before the Court of Chief Judicial Magistrate, Udham Singh Nagar, are quashed.

Resultantly, the entire proceedings of Criminal Case No.7809 of 2019, “State of Uttarakhand vs. Vipin Dubey and Another”, pending before the Court of Chief Judicial Magistrate, Udham Singh Nagar, are hereby quashed.

The Criminal Misc. Application (No.205 of 2023), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.

Urgency Application (IA No.02 of 2023) stands disposed of accordingly.