Raj Kumar vs State Of Uttarakhand And Another
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Uttarakhand High Court

Raj Kumar vs State Of Uttarakhand And Another on 18 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
      Criminal Misc. Application No. 483 of 2024
Raj Kumar                                               ..........Petitioner
                                     Vs.
State of Uttarakhand and another                     ........ Respondents

Present :   Mr. Mohd. Matlub, Advocate for the petitioner.
            Mr. Virendra Singh Rawat, AGA for the State/respondent no.1.
            Ms. Sofiya, Advocate holding brief of Mr. A.N. Sharma, Advocate for
            respondent no.2.

                               JUDGMENT

Per : Hon'ble Ravindra Maithani, J.

The petitioner seeks quashing of

summoning/cognizance order dated 09.07.2020, Charge-

Sheet No.01/20 dated 27.03.2020, passed in Criminal

Case No.4552 of 2020, State vs. Raj Kumar, in FIR/Case

Crime No.26 of 2020, under Sections 498-A, 323 IPC and

Sections 3/4 of the Dowry Prohibition Act, 1961, Police

Station Kashipur, District Udham Singh Nagar, pending

in the court of Additional Chief Judicial Magistrate,

Kashipur, District Udham Singh Nagar ("the case") as well

as entire proceeding of the case on the basis of amicable

settlement between the parties. A joint compounding

application has also been filed supported by the affidavits.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the parties would submit

that it was a matrimonial discord. The parties have

settled the dispute amicably and now, they are staying

together.

4. The petitioner and the respondent no.2 are

before the Court, as identified by their respective counsel.

They have verified the compromise. They have stated that

they settled the dispute amicably. The respondent no.2

submits that they have settled the dispute amicably and

now, they are staying together; she does not want to

proceed with the case.

5. Having considered the nature of the offence

and other attending factors, this Court is of the view that

the petition may be decided on the basis of compromise

between the parties. Accordingly, the criminal misc.

application deserves to be allowed.

6. The instant petition is allowed. The

summoning/cognizance order dated 09.07.2020, Charge-

Sheet No.01/20 dated 27.03.2020 as well as entire

proceedings of the case, are hereby quashed.

7. Compounding Application (IA) No.1 of 2024

stands disposed of accordingly.

(Ravindra Maithani, J.) 18.09.2024 Sanjay