Citation : 2023 Latest Caselaw 2194 UK
Judgement Date : 10 August, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
10th AUGUST, 2023
CRIMINAL REVISION NO. 529 of 2023
With
Compounding Application No.01 of 2023
Delay Condonation Application No.02 of 2023
Between:
Madan Mohan Mamgai and two Others. .....Revisionists
and
State of Uttarakhand and Another. .....Respondents
Counsel for the Revisionists : Mr. Bharat Chaudhary,
Advocate.
Counsel for the Respondent : Mr. V.S. Rathore,
No.1. A.G.A.
Counsel for the Respondent : Mr. Naveen Singh,
No.2. Bisht, Advocate.
Hon'ble Alok Kumar Verma,J.
Present Criminal Revision has been filed
challenging the order dated 29.09.2021, passed by learned
IVth Additional Chief Judicial Magistrate, Dehradun in
Criminal Case No. 348 of 2019, "State vs. Madan Mohan and
two Others", by which, learned Magistrate has directed to
frame the charges against the revisionists-accused persons
under Sections 323, 504, 506, 498A of the Indian Penal
Code, 1860 and Section 3/4 of the Dowry Prohibition Act,
1961.
2. Proposed Revision has been filed along with an
Application under Section 5 of the Limitation Act, 1963 to
condone the delay of 427 days' in preferring the Revision.
3. Heard Mr. Bharat Chaudhary, learned counsel for
revisionists, Mr. V.S. Rathore, learned A.G.A. for State and
Mr. Naveen Singh Bisht, learned counsel for respondent
no.2.
4. All the three revisionists and respondent no. 2 are
present before the Court through video conferencing.
5. Delay Condonation Application has not been
opposed by the respondents.
6. The Delay Condonation Application (IA No.02 of
2023) is allowed. The delay is condoned.
7. Admit.
8. Both, revisionists and respondent no. 2 submit
that there were matrimonial disputes between them and
after resolving their disputes, they have filed a
Compounding Application along with affidavits with their free
will and without any pressure.
9. Respondent no. 2 has further submitted that she
does not want to pursue the present matter.
10. Learned counsel for the revisionists has relied
upon a judgment of the Hon'ble Supreme Court, passed in
"Bitan Sengupta and Another vs. State of West Bengal
and Another", (2018) 18 SCC 366.
11. The Compounding Application has not been
opposed by the State.
12. Both the parties have requested to decide the
present Criminal Revision on the basis of the compromise.
13. The present Revision (No. 529 of 2023) deserves
to be allowed and is accordingly allowed by holding that the
matter has been compounded by compromise between the
parties. The revisionists are ordered to be acquitted of the
charges levelled against them.
___________________ ALOK KUMAR VERMA, J.
Dt: 10th August, 2023 Shiksha
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