Vishal Singh vs State Of Uttarakhand And Another

Pankaj Purohit, J

Present C528 application has been filed by the applicant for quashing the entire proceedings of charge sheet dated 22.06.2023 (annexure no.2) and cognizance order dated 14.03.2024 (annexure no.3) as well as entire proceedings of Criminal Case No.93 of 2024, State Vs. Vishal Singh pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, 1961 arising out of FIR dated 10.02.2023 registered as FIR No.36 of 2023, at Police Station I.T.I. District Udham Singh Nagar, on the basis of compromise between the parties.

Today both the parties are present before this Court, through video conferencing, who are duly identified by their respective Counsels.

Along with C528 application, a Compounding Application (IA No.1 of 2024) has been filed by the parties, duly supported by their respective affidavits.

Facts in a nutshell are that respondent no.2 lodged an FIR which was registered with Police Station I.T.I., District Udham Singh Nagar as FIR No.36 of 2023 dated 10.02.2023, wherein it was stated that she was married with applicant no.1 as per Hindu rites on 16.02.2021. On 23.09.2022 when respondent no.2 was alone at home her brother-in-law tried to force upon her, of which she complained to her mother-in-law; on this, family members of applicant ousted respondent no.2 from her home and demanded ₹5,00,000/- to take her back.

While interacting with both the parties, it is admitted to them that they have entered into compromise and since they are husband and wife they want to want to bury the hatchet, therefore, they have settled their dispute.

It is submitted by learned counsel for the parties that in term of compromise entered into between the parties entire proceedings of charge sheet dated 22.06.2023 (annexure no.2) and cognizance order dated 14.03.2024 (annexure no.3) as well as entire proceedings of Criminal Case No.93 of 2024, State Vs. Vishal Singh pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, 1961 arising out of FIR dated 10.02.2023 registered as FIR No.36 of 2023, registered at Police Station I.T.I. District Udham Singh Nagar shall be quashed.

Having considered the rival submission of the parties and affidavit(s) filed in support of compounding application, this Court is of the view that when the parties do not want to pursue the matter and want to settle their dispute, it will be a futile exercise to tell them to face the trial which would ultimately result into acquittal of the applicant.

In this view of the matter, Compounding Application is allowed. Consequently, the cognizance order dated 14.03.2024 as well as the entire proceedings of Criminal Case No.93 of 2024, State Vs. Vishal Singh, pending in the court of learned Judicial Magistrate, Kashipur, District Udham Singh Nagar are hereby quashed. Resultantly, FIR No.36 of 2023 dated 10.02.2023 registered at Police Station I.T.I., District Udham Singh Nagar, under Sections 323, 504, 506, 356 IPC and Section 3/4 of Dowry Prohibition Act, 1961, pursuant to which Charge Sheet dated 22.06.2023 was filed as well as the said charge sheet are also quashed.

C528 application stands disposed of accordingly.