Uttarakhand High Court
C482/982/2023 on 19 May, 2023
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C482 No. 982 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. Harshpal Sekhon, Advocate, for the
applicants.
Mr. Tumul Nainwal, Brief Holder, for the
State of Uttarakhand.
Mr. Basant Singh, Advocate, for respondent
No.2.
The applicants, who included the husband of
complainant/ respondent No.2, have filed this
C-482 Application thereby putting a challenge to
the summoning order dated 4th September, 2021, as
well as the Chargesheet dated 23rd February, 2021,
as it has been submitted by the Investigating Officer
on the culmination of the allegation levelled in the
FIR No. 163 of 2020 dated 22nd June, 2020. As a
result of the submission of the chargesheet, the
proceedings of Criminal Case No. T-2154 of 2022,
State Vs. Sompal and others, stood instituted before
the Court of Judicial Magistrate, Kichha, District
Udham Singh Nagar.
When the C-482 Application was preferred,
the applicants have made the following statement in
para 7 of the C482 Application, which is extracted
hereunder :-
"7. That both husband and wife have agreed
to separate their matrimonial ties and in this regard
case under 13-B of Hindu Marriage Act has been
filed, which is registered as case no.153/2023 in
which second motion is also done and the matter is
pending for judgment."
As per the averments made in para 7, it was
jointly contended by the applicants, that the parties
have agreed, that they will be instituting the
proceedings under Section 13-B of the Hindu
Marriage Act, which they have already done,
resulting into registration of Case No. 153 of 2023,
in which, it has been alleged that the second motion
has already been carried.
Based on the same, the Compounding
Application No. 1 of 2023, has been preferred for
composition of the offence, for which cognizance
has been taken, i.e. for the offence under Sections
323, 498-A, 504, 506 of the IPC and Section ¾ of
the Dowry Prohibition Act.
The parties are present, and this Court has
also interacted with the complainant. The Court
made an effort to make her understand to revive
back the matrimonial relationship, but because of
certain personal reasons, which she doesn't want to
disclose before this Court, she contended that she
would be rather preferring to seek a divorce under
Section 13-B of the Hindu Marriage Act, rather
than disclosing the intricacies of the facts about the
personal relationship of the complainant with the
husband of the applicant.
In order to avoid any embarrassment to the
complainant and in the context of the pleadings
raised in para 3, to be read with para 7 of the C-482
Application as extracted above, the C482
Application would stand disposed of.
In view of the statement made by the
complainant /respondent No.2, and as a
consequence thereto, the proceedings of Criminal
Case No. T-2154 of 2022, State Vs. Sompal and
others, pending consideration before the Court of
Judicial Magistrate, Kichha, District Udham Singh
Nagar, would hereby stand quashed.
(Sharad Kumar Sharma, J.)
Dated 19.05.2023
Shiv
