C482/564/2023
2023 Latest Caselaw 860 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 564 of 2023
                                  With
                                  IA No. 1 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Vikas Kumar Guglani, Advocate, for the applicant.

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

Mr. Shubham Chhabra, Advocate, for the private respondents.

The applicant is the husband of respondent No.3. Both are physically impaired. The respondent No.3, is represented by respondent No.2, who is her father. They solemnized their marriage on 16th April, 2007, but later on, owing to certain misunderstanding, they unanimously decided to initiate the proceedings under Section 13-B of the Hindu Marriage Act, by registering Original Case No. 1258 of 2021, Sukhram Chandra Kamboj Vs. Smt. Sangeeta Rani, before the Court of Addl. Judge Family Court, Dehradun.

The proceedings under Section 13B, has been decided by the judgment dated 4th July, 2022, and this fact has been admitted by respondent No.2, who represents the respondent No.3, that whatsoever the terms and conditions, which were provided in the judgment and decree dated 4th July, 2022, have been satisfied by the present applicant.

Since, the parties have now already severed their matrimonial relationship owing to the judgment and decree dated 4th July, 2022, it is contended by the parties, and particularly, the complainant/respondent No.2, that no fruitful purposes would be served to proceed with the Criminal Case No. 3139 of 2021, State Vs. Sukhram, wherein, the present applicant had been summoned by the Court of Addl. Chief Judicial Magistrate, IVth, Dehradun, to be tried for the offence under Sections 323, 498-A, 504, 506 of the IPC and Section ¾ of the D.P. Act.

Owing to the fact, that the settlement has been arrived at between the parties, and they have severed their matrimonial relationship, coupled with the fact, that the respondent No.3, who is represented by respondent No.2, has made a statement through him, that the complainant does not intend to proceed further in the matter, the proceedings of Criminal Case No. 3139 of 2021, State Vs. Sukhram, pending consideration before the Court of Addl. Chief Judicial Magistrate, IVth, Dehradun, would hereby stand dropped and, as a consequence thereto, the C482 Application would stand disposed of in terms of the decree rendered on 4th July, 2022, and also to be read in terms of the Compounding Application, jointly filed by the parties before this Court.

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) Dated 29.03.2023 Shiv