Uttarakhand High Court
C482/1190/2021 on 3 January, 2023
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
03.01.2023
C482 No. 1190 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Prashant Khanna, Advocate,
holding brief of Mr. Vikas Bahuguna,
Advocate, for the applicants.
Mr. A.K. Sah, Deputy Advocate
General, along with Ms. Mamta Joshi and
Ms. Sangeeta Bhardwaj, Brief Holder, for the
State.
Mr. Pankaj Kumar, Advocate, for the
respondent.
The present C482 Application has
been preferred by the applicants giving
challenge to the Chargesheet dated
22.02.2021, which was submitted by the
Investigating Officer, on the culmination of
the investigation into the set of allegation
levelled in the FIR No. 18 of 2021 dated
12.01.2021, which was registered by
respondent No. 2, as against the present
applicants for their alleged involvement in
commission of the offence under Sections
498-A, 323, 506 of IPC and Section 3/4 of
Dowry Prohibition Act, at P.S. Raipur, district
Dehradun.
As a consequence of the submission
of the Chargesheet, the cognizance have
been taken by the Court of 1st ACJM,
Dehradun vide its order dated 13.04.2021,
resulting into registration of Criminal Case
No. 2719 of 2021, State Vs. Sanjay Kumar
and others.
In the present C482 Application, the
parties to the proceedings have preferred a
Compounding Application No. IA/3/2022,
contending thereof in its para 2; that since
now the parties have resolved their
controversy, as a consequence of which the
Hindu Marriage Case No. 144 of 2021, Smt.
Shailja Raithwan Vs. Shri Sanjay Kumar
Raithwan, which was preferred jointly by
the parties to the C482 Application, by
invoking the provisions contained under
Section 13B of the Hindu Marriage Act, the
matrimony between them which was
solemnised on 19.11.2020, had been
dissolved. While rendering the said
judgment the learned Judge, Family Court,
Dehradun has also recorded the
observations in para 7, that the parties have
agreed that all their issues between them
would stand settled as a consequence of the
judgment and decree dated 05.09.2022.
The parties to the C482 Application
were directed to participate in the
proceedings through video conferencing.
The parties are present in person;
they are duly identified by their respective
counsels and even this Court has also
interacted with the complainant respondent
No. 2 herein. She has made a categoric
statement before her counsel, that owing to
the decree dated 05.09.2022, rendered in
the proceedings under Section 13B of the
Hindu Marriage Act, she doesn't intend to
proceed further in Criminal Case No. 2719 of
2021, State Vs. Sanjay Kumar and others and
she prays for that the proceedings, as such,
which is pending consideration before the
Court of 1st ACJM, Dehradun, may be
dropped accordingly.
Exclusively based upon the
statement made by the complainant
respondent No. 2 herein, as well as,
considering the terms of the decree dated
05.09.2022, as rendered in the proceedings
under Section 13B of the Hindu Marriage
Act, the present C482 Application would
stand allowed and as a consequence
thereto, the entire proceedings of Criminal
Case No. 2719 of 2021, State Vs. Sanjay
Kumar and others, pending consideration
before the Court of 1st ACJM, Dehradun
would hereby stand dropped.
Sharad Kumar Sharma, J.)
03.01.2023
Mahinder/
