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CRLR/529/2023
2023 Latest Caselaw 2194 UK

Citation : 2023 Latest Caselaw 2194 UK
Judgement Date : 10 August, 2023

Uttarakhand High Court
CRLR/529/2023 on 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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