Sh. Bikram Singh Chaudhary And ... vs State Of Uttarakhand And Another
2022 Latest Caselaw 1600 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

     Criminal Misc. Application No. 1805 of 2019

Sh. Bikram Singh Chaudhary and others ...... Applicants



                                     Vs.



State of Uttarakhand and another                   ........ Respondents



Present : Mr. Bhuwan Bhatt, Advocate for the petitioners.
          Mr. V.K. Jemini, Deputy Advocate General with Ms. Meena Bisht, Brief
          Holder for the State.
          Mr. Karan Anand, Advocate for the private respondent.




                               JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioners

seek quashing of the summoning order dated 09.04.2019

passed in Criminal Case No. 5610 of 2018, Smt. Chhavi

Tomar v. Sharad Chaudhary & others, under Section 406

IPC, by the court of IIIrd Additional Chief Judicial

Magistrate, Dehradun ("the case") as well as the entire

proceedings of 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

by the petitioners as well as the respondent no. 2 ("the

informant"), supported by the affidavits.

4. It is argued that the dispute arises out from

matrimonial discord. The parties have settled the dispute

amicably. In a separate petition filed by the husband, the

proceedings have been dropped qua the husband.

5. The petitioners and the informant are

personally present before the Court, duly identified by

their respective counsel. They have verified the contents of

the compounding application and stated that they have

settled the dispute amicably.

6. The Court particularly asked the informant. She

would submit that the parties have settled the dispute

amicably. The parties have already filed a divorce petition.

She would submit that she has received 40% of the agreed

amount and she would receive the remaining amount after

second motion of divorce petition, which has been filed by

the parties with mutual consent. Now, she does not want

to proceed with the case.

7. 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.

8. The petition is allowed. The summoning order

dated 09.04.2019 as well as the entire proceeding of the

case is hereby quashed.

9. Compounding application No. 4 of 2022 stands

disposed of accordingly.

(Ravindra Maithani, J.) 24.05.2022 Avneet/