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2018 DIGILAW 135 (UTT)

Manoj Ghai v. State of Uttarakhand

2018-03-26

V.K.BIST

body2018
JUDGMENT : V.K. BIST, J. 1. Present criminal misc. application under section 482 has been filed by the applicant with the prayer to quash and set aside the charge sheet dated 03.07.2012 as well as impugned summoning order dated 25.09.2012 passed by the Chief Judicial Magistrate Udham Singh Nagar, Rudrapur in Criminal Case No.4006 of 2012 “State Vs. Manoj Ghai” under Sections 498-A, 323, 504, 506 of IPC and 3/4 Dowry Prohibition Act (at present pending in the court of 1st Civil Judge Junior Division/Judicial Magistrate Rudrapur District Udham Singh Nagar) and further to quash the entire proceedings of criminal case no.4006 of 2012 “State vs. Manoj Ghai” under Sections 498-A, 323, 504, 506 of IPC and 3/4 Dowry Prohibition Act passed thereon on the ground that the dispute has been amicably settled between the parties and the offence has been compounded. Alongwith the criminal misc. application, joint compounding application has been filed by the applicant and respondent no.2. In support of compounding application, compromise affidavit has been filed by Smt. Pooja Ghai respondent no.2. In the compounding application, it is stated by the respondent no.2 that dispute between her and applicant has been settled and she has no grievance remain from applicant, as such the matter between the respondent no.2 and the applicant has been settled amicably and the respondent no.2 does not wish to carry the criminal litigation against the applicant. 2. It is prayed that the offences punishable under sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, arising out of the Criminal Case No.4006 of 2012 “State vs. Manoj Ghai”, (presently pending in the court of Ist Civil Judge Junior Division/Judicial Magistrate Rudrapur District Udham Singh Nagar), and charge sheet dated 03.07.2012 as well as impugned summoning order dated 25.09.2012 passed by the Chief Judicial Magistrate Udham Singh Nagar, Rudrapur in the aforesaid criminal case, may be quashed. 3. Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise. 4. 3. Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise. 4. In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No.115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 5. Having considered submissions of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed. 6. Accordingly, the criminal misc. application filed under section 482 is allowed. Entire proceedings of Criminal Case No.4006 of 2012 “State vs. Manoj Ghai” for the offences punishable under sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act (presently pending in the court of Ist Civil Judge Junior Division/Judicial Magistrate Rudrapur District Udham Singh Nagar), and charge sheet dated 03.07.2012 as well as impugned summoning order dated 25.09.2012 passed by the Chief Judicial Magistrate Udham Singh Nagar, Rudrapur, so far same relates to the applicant, are hereby quashed. 7. Compounding application is, accordingly, disposed of.