WPCRL/1191/2021
2021 Latest Caselaw 2561 UK

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                                  WPCRL No. 1191 of 2021
                                  Hon'ble N.S. Dhanik, J .
                                        Mr. Deep Prakash Bhatt, learned
                                  counsel for the petitioners.
                                        Mr. Pratiroop Pandey, learned
                                  A.G.A. for the State of Uttarakhand.
                                        Mr. Ajay Joshi, learned counsel for
                                  the third respondent.

Respondent no. 3 has lodged the FIR No. 0069 of 2021 with PS Khatima, District Udham Singh Nagar for the offence punishable under Sections 323 & 498A IPC and under Section 3/4 Dowry Prohibition Act against the petitioners.

Now parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute and now respondent no. 3 does not have any grievance with the petitioners. In support of the compounding application (IA No. 1 of 2021), affidavits have been filed by petitioner nos. 1,2 & 3 and by respondent no. 3.

Petitioner No. 1 (Sehajpal Singh), petitioner no. 2 (Satwant Singh), petitioner no. 3 (Kuldeep Kaur) and respondent no. 3 (Dimpal Kaur) are present in the Court today through Video Conferencing, duly identified by their respective counsel. They admitted the settlement.

Compounding application bears signatures/thumb impressions of the petitioners and third respondent. It has been further stated by the parties that now they have amicably settled their dispute. Therefore, learned counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.

Learned State Counsel would submit that this is a matrimonial dispute.

Learned counsel for the petitioners placed reliance upon the judgment of the Hon'ble Apex Court in Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303 B.S. Joshi, (2003) 4 SCC

675.

Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon'ble Apex Court, the compounding application is allowed. Compromise arrived between the parties accepted. Impugned FIR dated 09.03.2021 bearing FIR No. 0069 of 2021 on the basis of compromise for the offence punishable under Sections 323 & 498-A IPC and under Section 3/4 Dowry Prohibition Act, PS Khatima District Udham Singh Nagar is hereby quashed in terms of the compromise qua the present petitioners.

Criminal writ petition stands disposed of accordingly.

All pending applications also stand disposed of.

(N.S. Dhanik, J.) 23.07.2021 SB