Amit Goswami @ Rohit vs State Of Uttarakhand And Another
2021 Latest Caselaw 361 UK

        HIGH COURT OF UTTARAKHAND AT NAINITAL

         Criminal Miscellaneous Application No. 274 of 2021
Amit Goswami @ Rohit                                           ......Petitioner
                                   Versus

State of Uttarakhand and another                            ....Respondents

Mr. Vinay Kumar, Advocate holding brief of Mr. Niranjan Bhatt, Advocate, for
the petitioner.
Mr. J.S. Virk, DAG with Mr. Rohit Dhyani, Brief Holder for the State/respondent
no.1.
Mr. Sanjeev Singh, Advocate, for respondent no.2.

                                   JUDGMENT

Hon'ble Ravindra Maithani, J.(Oral)

The instant petition is filed for quashing the proceedings of Criminal Case No.1164 of 2019, "State Vs. Amit Goswami @ Rohit", pending in the court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar (for short "the Case"), on the basis of amicable settlement between the parties.

2. The first information report was lodged on 13.07.2018 by respondent no.2, who is the informant, under Sections 323, 376, 494, 498-A, 504, 506 and 511 of IPC, against the petitioner and others. After investigation, a charge-sheet was submitted against the petitioner under Sections 498-A, 494, 323, 504 and 506 of IPC, which is basis of the case.

3. The petitioner and respondent no.2 and her counsel joined the proceedings through video conferencing. Learned counsel for the petitioner is present before this Court.

4. Heard learned counsel for the parties.

5. It is submitted that the parties have settled the dispute and they are staying together and a joint compounding application has been filed by the parties.

6. The petitioner who is identified by Mr. Vinay Kumar, Advocate and respondent no.2 -Seema Goswami who has been identified by Mr. Sanjeev Singh, Advocate have stated before the Court that they have settled their dispute amicably. On being asked respondent no.2, has stated that she has been staying with her husband for the last three months. The dispute arises out of matrimonial discord between the parties, they are husband and wife. They have settled their dispute and are living together.

7. In view of this, the Court sees no reason to proceed with the case and criminal proceedings may be quashed on this basis only.

8. The petition is allowed. The proceedings of Criminal Case No.1164 of 2019 "State Vs. Amit Goswami @ Rohit", pending in the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar is hereby quashed.

9. Compounding Application No. 2 of 2021, stands disposed accordingly.

(Ravindra Maithani, J.) Vacation Judge 18.02.2021 Nitesh