Uttarakhand High Court
C482/1855/2021 on 11 January, 2024
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
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11.01.2024 C482 No. 1855 of 2021
Hon'ble Rakesh Thapliyal, J.
1. Mr. Saurav Adhikari, learned
counsel for the applicant; Mr. V.S. Pal, learned
AGA, for the State and Mr. Saurabh Kumar
Pandey, learned counsel for respondent No. 2.
2. The instant Application has been
preferred under Section 482 CrPC, which is
supported with the Compounding Application
(IA/5/2024), and the same is also supported
with the affidavits of the applicant and the
respondent No. 2.
3. The applicant and the respondent
No. 2 both are present in the Court and this
Court also interact each of them and both of
them are identified by their respective counsel
through their Aadhaar Cards.
4. It is a very unfortunate case that the
present applicant is facing trial for the offence
punishable under Section 306 IPC in respect of
an incident in which her husband consumed
poison due to which he died and in respect of
this incident, the respondent No. 2, who is
father-in-law of the present applicant filed an
application under Section 156(3) Cr.P.C., which
was converted into a Complaint Case and after
recording the statements under Sections 200
and 201 of Cr.P.C., the applicant was
summoned.
5. The applicant married with the son
of respondent No. 2 in the year 2017 and due
to this wedlock, a daughter was born who is at
present at about 6 years old. This incident was
happened on 27.09.2018.
6. It is submitted that in fact the
husband of the applicant was jobless and due
to this he was in depression and that is the
reason perhaps he has consumed the poison
and commit suicide.
7. The complainant who is father-in-
law of the applicant is present in the Court and
submits that at the time of incident, he was
not in home and since his son was died by
consuming the poison, so he lodged a
complaint but subsequently he realised that in
fact his son has consumed the poison and
commit suicide as he was jobless and not
employed anywhere.
8. This Court also interact with the
complainant the father-in-law of the applicant
and also with the applicant and they inform to
this Court that the applicant still living with in-
laws with her minor daughter.
father-in-law of the applicant submits that he
does not want to pursue this case since due to
some misunderstanding this complaint was
filed and now his daughter-in-law is living with
them happily and there is no dispute on this.
10. Mr. Saurabh Pandey, learned
counsel for the respondent No. 2 place
reliance on a judgment rendered by the
Punjab and Haryana High Court in the case of
Sunita Rani and others Vs. State of Punjab
and another, CRM-M-5794 of 2020 decided
on 28.04.2023 submits that even the offence
punishable under Section 306 IPC can be
compounded.
11. After hearing the learned counsel
for the parties and Mr. V.S. Pal, learned AGA
for the State and further taking into
consideration that the present applicant, who
is living with her in-laws and due to some
misunderstanding the complaint was filed by
respondent No. 2, this Court is of the view that
if this proceeding is permitted to continue,
certainly it will spoil the family life of the
applicant who is the widow and living with her
minor daughter, therefore, this Court is also of
the view that the compounding application
deserves to be allowed.
12. In view of this, the Compounding
Application is allowed.
13. The proceedings of Criminal Case
No. 6778 of 2018, Tara Dutt Tiwari Vs. Pallavi
Tiwari and others, wherein the present
applicant is facing trial for the offence under
Section 306 of IPC, pending in the Court of
Additional Chief Judicial Magistrate, Haldwani,
District Nainital, are hereby quashed.
14. Accordingly, the C482 Application
stands disposed of.
(Rakesh Thapliyal, J.)
11.01.2024
Mahinder/
