Sanjay And Others ... vs State Of Uttarakhand And Others
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Uttarakhand High Court

Sanjay And Others ... vs State Of Uttarakhand And Others on 21 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL


      Criminal Misc. Application No. 357 of 2024
Sanjay and others                               ............Petitioners
                                    Vs.
State of Uttarakhand and others                 ............ Respondents


Present :   Mr. Ravi Bisht, Advocate for the petitioners.
            Ms. Manisha Rana Singh, AGA for the State/respondent no.1.
            Mr. Sumit Kumar, Advocate for respondent no.2.



                               JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant petition under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 has been

preferred by the petitioners for quashing the

summoning order dated 04.09.2023, charge-sheet

dated 14.12.2022, under Sections 498-A, 323, 504, 506

IPC and Sections 3/4 of the Dowry Prohibition Act,

1961, passed in Criminal Case No.1237 of 2023, State

of Uttarakhand vs. Sanjay and others, passed by the

court of Judicial Magistrate, Bazpur, 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; now, the applicant no.1

and the respondent no.2 are staying together.

4. The petitioners 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 have settled the dispute amicably.

5. The Court particularly asked the informant

(respondent no.2). She would submit that they have

settled the dispute amicably; she is staying with her

husband and she does not want to proceed with the

case.

6. 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

petition deserves to be allowed.

7. The petition is allowed. The summoning order

dated 04.09.2023, charge-sheet dated 14.12.2022 as

well as entire proceedings of the case, are hereby

quashed.

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

stands disposed of accordingly.

(Ravindra Maithani, J.) 21.09.2024 Sanjay