Uttarakhand High Court
State vs Yogesh Joshi on 16 October, 2023
Office Notes,
SL. Date reports,
No. orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
C482 No. 2032 of 2023
Hon'ble Rakesh Thapliyal, J.
1. Mr. Ganesh Kandpal, learned counsel
for the applicant.
2. Mr. V.K. Jemini, learned Dy. A.G.
with Mr. Sandeep Sharma, learned Brief
Holder for the State.
3. Mr. Rajesh Kumar Kandpal, learned
counsel for the complainant.
4. Present C482 petition has been
preferred for quashing of the proceedings
of the Criminal Case No. 321 of 2023,
State vs. Yogesh Joshi, for the offences
punishable under Sections 323, 504, 506
and 498A IPC pending in the court of
learned Chief Judicial Magistrate,
Bageshwar, on the ground of
compromise arrived at between the
parties.
5. Applicant - Mr. Yogesh Joshi is
present in the Court virtually and duly
identified by his counsel and respondent
no. 2 - Smt. Reeta Joshi, is present in
person and duly identified by her
counsel. This compounding application is
supported by affidavit of applicant and
respondent no. 2 sworn on 08.10.2023.
6. The present applicant married to
respondent no. 2 on 09.05.2014, as per
the Hindu Rites and Rituals and out of
the wed-lock a female child was born
who is now at present 6 years old and
due to some misunderstanding between
both of them the first information was
lodged by respondent no. 2 against the
applicant, and, thereafter charge sheet
has been filed and cognizance was taken
by the learned Magistrate.
7. It is contended in the compounding
application, which is supported by the
affidavit of the applicant and respondent
no. 2 that dispute between the parties is
now amicably settled and both of them
are living happily with their daughter.
Applicant no. 2 who is present in person
submits that she is living happily with
her husband and does not want to
pursue this case.
8. Learned State Counsel has raised an
objection that these offences are not
compoundable under Section 320 Cr.P.C.
9. In reply to this objection, learned
counsel for the parties have placed
reliance on the judgment rendered by
Hon'ble Apex Court in the case of Gian
Singh Vs. State of Punjab (2012) 10
SCC 303 wherein the Hon'ble Apex Court
has held that if the offences are not
against the society, then it can be
compounded. I have gone through
judgment in the case of Gian Singh
(supra).
10. Considering the facts and
circumstances of the case and in view of
legal proposition propounded by the
Hon'ble Apex Court, present
compounding application no. 1 of 2023 is
allowed. Compromise arrived at between
the parties is accepted.
11. Present petition is allowed in terms
of the amicable settlement arrived at
between the parties. Entire proceedgins
of Criminal Case No. 321 of 2023, State
vs. Yogesh Joshi, for the offences
punishable under Section 323, 504, 506
and 498A IPC pending in the court of
learned Chief Judicial Magistrate,
Bageshwar, are hereby quashed.
12. I.A. No. 02 of 2023 also stands
disposed of.
(Rakesh Thapliyal, J.)
16.10.2023
Parul
