Pintu Sharma And Others ... vs State Of Uttarakhand And Another
2021 Latest Caselaw 5395 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL
     Criminal Misc. Application No. 1953 of 2021

Pintu Sharma and others                                  ........... Applicants
                                          Vs.
State of Uttarakhand and another                          ........ Respondents
Present : Mr. S.K. Mandal, Advocate for the petitioners.
          Mr. Lalit Miglani, AGA with Ms. Mamta Joshi, Brief Holder for the
          State.
          Mr. B.S. Bhandari, Advocate for the respondent no. 2.

                                    JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioners

seeks quashing of entire proceedings of Criminal Case No.

8983 of 2018, State v. Pintu Sharma and others, under

Section 498-A, 323, 504, 506 IPC and Section 3/4 of the

Dowry Prohibition Act, 1961, pending in the court of

Judicial Magistrate, IInd, Rudrapur, District Udham Singh

Nagar ("the case"), on the basis of amicable settlement

between the parties.

2. Heard learned counsel for the parties and

perused the record.

3. A joint compounding application has been filed

supported with the affidavits of the petitioner no. 2 Smt.

Krishna Sharma and the informant ("the respondent

no. 2").

4. The petitioner no. 1 is not present in the Court.

It is submitted that he is in custody in the same case,

pursuant to bailable warrant issued against him.

5. Learned counsel for the parties would submit

that parties have amicably settled the dispute. It is a

matrimonial discord. They have decided to stay separate.

6. The petitioner nos. 2 & 3 and the respondent

no. 2 are personally present before the Court, duly

identified by their respective counsel. They have verified

the contents of the compounding application and have

stated that they have settled the dispute amicably.

7. The Court particularly asked the informant. She

would submit that she has settled the dispute amicably

and now she does not want to prosecute the case.

8. Having considered, this Court is of the view

that it is a case which may be decided on the basis of

amicable settlement between the parties. Accordingly, the

petition deserves to be allowed.

9. Accordingly, the instant petition is allowed. The

proceedings of the case pending before the court below are

quashed. The petitioner no. 1 Pintu Sharma is in custody

in this case. He be released forthwith, if not wanted in any

other case.

10. Compounding application stands disposed of

accordingly.

(Ravindra Maithani, J.) 29.12.2021 Avneet/