Uttarakhand High Court
C482/318/2023 on 28 February, 2023
Office Notes, reports,
SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and Registrar's
order with Signatures
C482 No.318 of 2023
With
IA/1/2023 (Compounding Application)
Hon'ble Sharad Kumar Sharma, J.
Mr. B.S. Koranga, learned counsel
for the applicant.
Mr. A.K. Sah, learned Deputy
Advocate General along with Ms. Mamta
Joshi and P.S. Uniyal, learned Brief
Holder for the State.
Ms. Reeta Puniyal, learned counsel
for the private respondent.
The parties to proceedings have
joined the proceedings through video-
conferencing.
The instant C-482 application, the
challenge has been made to the
summoning order which has been passed
by the Court of Additional Chief Judicial
Magistrate, Kashipur, Udham Singh Nagar
on 15.09.2021 in Criminal Case No.5267
of 2021, "State Vs. Dinesh Chand
Brijwasi", whereby the present applicant
has been summoned to be tried for the
offences under Section 498A, 323, 504,
506 of IPC and Section 3/4 of the Dowry
Prohibition Act.
The parties to the proceedings, who
have joined the proceedings of this case,
through video-conferencing have been
identified by their respective counsels.
It is contended by the respondent/
complainant that in a proceedings under
Section 13(B) of the Hindu Marriage Act
which was decided by way of Case No.306
of 2021, "Smt. Kavita Silori Vs. Dinesh
Chand Brijwasi", in fact, the parties have
settled their dispute under Section 13(B)
of the Hindu Marriage Act resulting into
rendering of a decree by consent of
respondent no.1 by the court of Judge,
Family Court, Kashipur, Udham Singh
Nagar.
It is further contended by the parties
to the proceedings, that a permanent
alimony which was settled by the
judgment and decree of consent by the
court of Judge, Family Court, Kashipur
has already been received by the
complainant/ respondent no.2.
This Court has interacted with the
complainant/ respondent no.2, who is the
plaintiff in the proceedings under Section
13(B) of the Hindu Marriage Act, wherein
and she has made a categorical statement
in presence of her counsel, that owing to
the fact that she has already received the
permanent alimony amount and the
marriage stands dissolved by the
judgment and decree dated 27.10.2021.
She has contended, that she does not
intend to prosecute the present applicant
any further.
Considering the aforesaid statement
of the complainant / respondent no.2
which stands fortified by the respective
counsel representing them and
considering the fact, that the effect of
decree dated 27.10.2021 would be that
their marriage which was solemnized on
04.12.2017 has now been dissolved.
In that eventuality, since the
criminal proceedings which has been
drawn against the present applicant by
issuance of the summoning order on
15.09.2021, continuing with the
proceedings of the Criminal Case No.5267
of 2021, "State Vs. Dinesh Chand
Brijwasi" would be nothing but an act of
futility, especially when in the light of the
decree rendered under Section 13(B) of
the Hindu Marriage Act, the complainant/
respondent no.2 does not intend to
prosecute the present applicant any
further.
In view of the aforesaid statement
made by the complainant/ respondent
no.2, the present C-482 application
stands allowed and as a consequence
thereto the proceedings of Criminal Case
No.5267 of 2021, "State Vs. Dinesh Chand
Brijwasi" as pending consideration before
the Court of Additional Chief Judicial
Magistrate Kashipur, Udham Singh Nagar
would hereby stand dropped in terms of
the compounding application filed by the
parties in the present C-482 application.
(Sharad Kumar Sharma, J.)
28.02.2023
Sukhbant
