Uttarakhand High Court
9 January vs State Of Uttarakhand And Others on 9 January, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:351
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No.259 of 2023
09 January, 2025
Ashok Singh Negi and others --Applicants
Versus
State Of Uttarakhand and others --Respondents
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Presence:-
Mr. Rishab Ranghar, learned counsel for applicants.
Mr. Bhaskar Chandra Joshi, learned A.G.A. with Ms.
Sweta Dobhal, learned Brief Holder for the State of
Uttarakhand.
Mr. Prashant Khanna, learned counsel for respondent
No.3, appeared through video conferencing.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned counsel for the parties.
2. By means of the present C482 application,
the applicant has put to challenge the charge-sheet
No.18 of 2022 arising out of FIR No.5 of 2022
registered at Police Station Kirti Nagar, District Tehri
Garhwal along with the cognizance order dated
11.10.2022 passed by learned Judicial Magistrate,
Kirti Nagar, District Tehri Garhwal in Criminal Case
No.197 of 2022, State Vs. Ashok Negi and Others,
under Sections 498A, 323, 504, 506 IPC against the
applicant Nos.1 to 3 and under Sections 323, 504,
506 IPC against the applicant No.4.
3. Along with the present C482 application, a
joint compounding application (IA/4/2024) is filed
duly supported by separate affidavits by applicants
and respondent No.3.
4. In the compounding application, it has
been stated by the parties that they have entered into
2025:UHC:351
a settlement on 26.11.2024 and the applicants have
agreed to pay a total sum of Rs.42,00,000/- to the
respondent No.3 and the respondent No.3 doesn't
want to pursue with the case anymore.
5. Applicants-Ashok Singh Negi, Rajpal Singh
Negi, Smt. Savitri Negi and Neeta Pravin Mestri are
present through V.C. and respondent No.3-Manju
Negi is present before this Court, who are duly
identified by their respective counsels. On
interaction, respondent No.3 categorically stated that
she has already received a sum of Rs.25,00,000/-
from her husband-applicant No.1.
6. Learned counsel for the applicant submits
that rest of the amount of Rs.18,00,000/- has now
been handed over to the respondent No.3 vide post-
dated cheque No.362803 dated 27.01.2025 Branch
Yes Bank, Rajpur Road. He also submits that the
petition filed under Section 13-B of the Hindu
Marriage Act being HMA petition No.446 of 2024 is
still pending before the Court of Principal Family
Judge, Dehradun and the second motion of the said
petition will be started on 04.02.2025.
7. Having perused the compounding
application as well as the documents available on
record, this Court is of the view that if the parties do
not wish to pursue with the criminal proceedings
anymore and they have settled their dispute
amicably, it would not be useful for referring the
applicants to Court to face the trial and it would
amount to a futile exercise. In view of the
compromise arrived at between the parties, nothing
2025:UHC:351
remains to be decided in the present matter.
8. Accordingly, compounding application
(IA/4/2024) is allowed. The entire proceedings of
Criminal Case No.197 of 2022, State Vs. Ashok Negi
and Others, pending in the Court of learned Judicial
Magistrate, Kirti Nagar, District Tehri Garhwal, is
hereby quashed. Resultantly, charge-sheet No.18 of
2022 dated 01.09.2022 arising out of FIR No.5 of
2022 dated 28.01.2022 registered at Police Station
Kirti Nagar, District Tehri Garhwal, stands quashed.
9. Accordingly, the present C528 application
is disposed of in terms of the compromise, subject to
the encashment of cheque as referred in Para-6 of
this judgment.
10. Pending application(s), if any, also stands
disposed of.
(Pankaj Purohit, J.)
09.01.2025
PN
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
PREETI NEGI 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78
b5f9f0276c16432f6aab, postalCode=263001,
st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483
A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2025.01.09 17:14:56 +05'30'
