Sanjay Devrari vs State Of Uttarakhand And Others
2022 Latest Caselaw 1605 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

      Criminal Misc. Application No. 564 of 2021

Sanjay Devrari                                      ........... Applicant



                                     Vs.



State of Uttarakhand and others                    ........ Respondents



Present : Mr. Abhijay Negi, Advocate for the petitioner.
          Mr. V.K. Jemini, Deputy Advocate General with Ms. Meena Bisht, Brief
          Holder for the State.
          Ms. Bina Pandey, Advocate for the private respondent.




                               JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks quashing of the chargesheet dated 20.10.2029,

summoning order dated 19.01.2021, passed in Criminal

Case No. 8488 of 2019, State v. Sanjay Devrari, under

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

Dowry Prohibition Act, 1961, by the court of Chief Judicial

Magistrate, Haldwani, District Nainital ("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 petitioner 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.

5. The petitioner 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. She has decided to stay separate and 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 chargesheet dated

20.10.2029, summoning order dated 19.01.2021 as well

as the entire proceeding of the case are hereby quashed.

9. Compounding application No. 4 of 2022 stands

disposed of accordingly.

(Ravindra Maithani, J.) 24.05.2022 Avneet/