C482/549/2023
2023 Latest Caselaw 954 UK

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      10.04.2023                            C482 No. 549 of 2023

                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Pawan Mishra, learned counsel for the applicants.

Mr. Tumul K. Nainwal, learned Brief Holder for the State of Uttarakhand.

Mr. Hemant Pant, learned counsel for respondent no. 2.

This C-482 Application arises out of the Charge-sheet dated 21.05.2017, and the cognizance order dated 13.09.2017, as it has been rendered by the Court of Chief Judicial Magistrate, Dehradun, in Criminal Case No. 4864 of 2017, "State Vs. Anoop Kumar and Others", wherein the present applicant no. 1 has been summoned to be tried for the offences under Section 498(A) of IPC and Section 3/4 of the Dowry Prohibition Act.

The C-482 Application is accompanied with the Compounding Application (IA No. 1 of 2023), and in the Compounding Application, the parties have taken a ground that now, their issue has been resolved, because in a proceeding, which was held under Section 13-B of the Hindu Marriage Act, the matrimony between them has already been dissolved by the judgment passed by the Principal Judge, Family Court, Dehradun, on 21.05.2019, in Original Suit No. 1059 of 2018, "Anoop Kumar Vs. Smt. Pooja".

The complainant-respondent no. 2 has joined the proceedings of C-482 Application through Video Conferencing. Upon being interacted, she in the presence of her counsel, has submitted that owing to the fact that now, the dispute between the parties has been resolved and the marriage has already been dissolved in view of the judgment rendered by the Family Court on 21.05.2019, she has expressed her willingness that she would not have any grievances as such, in case, if present C-482 application is allowed, and as a consequence thereto, the proceedings of Criminal Case No. 4864 of 2017, "State Vs. Anoop Kumar and Others", which is pending consideration before the Court of 2nd Additional Chief Judicial Magistrate, Dehradun, is hereby quashed.

Owing to the statement made by the complainant-respondent no. 2, which as fact stands fortified by the counsel, representing her.

The Compounding Application would stand allowed, and as a consequence thereto, proceedings of Criminal Case No. 4864 of 2017, "State Vs. Anoop Kumar and Others", which is pending consideration before the Court of 2nd Additional Chief Judicial Magistrate, Dehradun, would hereby stand quashed.

(Sharad Kumar Sharma, J.) 10.04.2023 PN/-