Mr. Siddhartha Bankoti vs Ashok Mitra
2022 Latest Caselaw 2852 UK

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                                      C-482 No.1582 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Bankoti, Advocate for the applicant.

Mr. Pramod Tiwari, Brief Holder for the State of Uttarakhand.

Mr. Abhishek Gupta, Advocate for respondent no.2.

The present C-482 application has been preferred by the applicant-Ashok Mitra, the husband of respondent no.2/complainant herein. The applicant has put a challenge to the proceedings of pending Criminal Case No.3762 of 2019 State vs. Ashok Mitra, wherein in the present C-482, application he has been sought to be tried for the offences under Sections 498-A and 323 I.P.C., which is emanating from FIR No.370 of 2018 which was got registered at P.S. Kiccha, District Udham Singh Nagar. As a consequence of the submission of the charge sheet being Charge Sheet No.01 dated 23.01.2019, the cognizance have been taken by the impugned order of 10.06.2019, by the court of Ist Additional Civil Judge (Sr. Div.)/A.C.J.M., Udham Singh Nagar.

The parties to the proceedings have filed a compounding application which has been duly signed by them as well as by their respective counsels, who are appearing in support of their respective parties to the proceedings.

The compounding application has been filed in view of the parameters of settlement, which has been pleaded in para 4 and 6 of the compounding application and which is a fact, which stands admitted by respondent no.2, who is present in person and who after being interacted by this Court, has made a statement that parties to the 482 application have resolved their disputes and they have voluntarily dissolved their marriage by the judgment and decree of 30.07.2022. In that eventuality, owing to the severment of matrimonial relationship, the complainant/respondent no.2 has made a statement before this Court that she does not want to proceed to prosecute the present applicant any further in Criminal Case No.3762 of 2019 State vs. Ashok Mitra, which is pending before the court of 1st Additional Civil Judge (Sr. Div.)/A.C.J.M., Udham Singh Nagar.

In view of the aforesaid settlement and more particularly owing to the fact that the parties have entered into an agreement for dissolving their marriage in a proceedings under Section 13-B of the Hindu Marriage Act and a degree to that effect has already been rendered on 30.07.2022 by the competent court, coupled with the fact that the Government Advocate, owing to the aforesaid circumstances may not be having any sustainable objection as such to the compounding application, the Compounding Appl. No.01 of 2022, is being hereby allowed and as a consequence thereto, the proceedings of Criminal Case No.3762 of 2019 State vs. Ashok Mitra, presently pending consideration before the court of 1st Additional Civil Judge (Sr. Div.)/A.C.J.M., Udham Singh Nagar, would hereby stand quashed in terms of the compounding application.

Accordingly, the C-482 application stands disposed of.

(Sharad Kumar Sharma, J.) 08.09.2022 Arti