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2006 DIGILAW 71 (UTT)

Atul Chawla v. State of Uttaranchal

2006-03-02

J.C.S.RAWAT

body2006
JUDGMENT Hon'ble J.C.S. Rawat, J.- This petition u/s 482 Cr.P.C. has been filed to set aside the Criminal Proceeding against the applicants in Case No. 561/2004 u/s 406 I.P.C. pending before the court of Special Judicial Magistrate IInd, Dehradun. 2. The parties have filed compromise before this court which hears the signature or the parties. 3. The compromise entered between the parties shall form part of the order. 4. Considering that the parties have entered into an amicable settlement and no useful purpose will be served to prolong the pendency of the above mentioned case. It has been held he the Hon'ble Supreme Court in B.S. Joshi and Ors. Vs. State of Haryana and Anr: JT 2003 (3) SC 277 : "12. The special features in such matrimonial matters are evident. It becomes the duty of the Court to encourage genuine settlements of matrimonial disputes. 13. The observations made by this Court, though ill a slightly different context, in G. V. Rao Vs. L.H.C. Prasad and others 2000 (3) SCC p/693 are very apt for determining the approach required to be kept in view in matrimonial dispute by the Courts. It was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly extent which often assume serious proportions resulting in commission of heinous crimes in which ciders of the family are also involved with the result that those who could have counseled and brought about re-approachment arc rendered helpless on their being arrayed as accused in the criminal case. There arc many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead or fighting it out in a Court of law where it takes years and years to conclude and in that process the parties lose their 'young' day" in chasing their 'cases' in different Courts. S. In view of the compromise entered between the parties, the proceeding against the applicant incase No. 561/2004 u/s 406 IPC pending before the court or Special Judicial Magistrate IInd, Dehradun is hereby quashed. 6. The petition is disposed of accordingly.