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2018 DIGILAW 159 (UTT)

MAIRAJ v. STATE OF UTTARAKHAND

2018-04-03

V.K.BIST

body2018
JUDGMENT Hon'ble V.K. Bist J. Present criminal misc. application has been filed by the applicant for quashing the entire proceedings of Criminal Case No.2619 of 2015 under Sections 498A, 323, 504, 506, 427 of I.P.C. and 3/4 of Dowry Prohibition Act arising out of F.I.R. No.67 of 2015 dated 13.03.2015 under Sections 498A, 323, 504, 506, 427 of I.P.C. and 3/4 Dowry Prohibition Act registered at Police Station Jaspur, District Udham Singh Nagar as well as charge sheet dated 08.07.2015 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 affidavits have been filed by the applicant and 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, 427 IPC and Section 3/4 Dowry Prohibition Act, arising out of F.I.R. No.67 of 2015 dated 13.03.2015 registered at Police Station Jaspur, District Udham Singh Nagar as well as charge sheet dated 08.07.2015, 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. 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. 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.2619 of 2015 for the offences punishable under sections 498-A, 323, 504, 506,427 IPC and Section 3/4 Dowry Prohibition Act, arising out of F.I.R. No.67 of 2015 dated 13.03.2015 registered at Police Station Jaspur District Udham Singh Nagar and charge sheet dated 08.07.2015, so far same relates to the applicant, are hereby quashed. 7. Compounding application is, accordingly, disposed of.