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2023 DIGILAW 171 (UTT)

Pawandeep Singh v. State of Uttarakhand

2023-02-08

ALOK KUMAR VERMA

body2023
JUDGMENT : Alok Kumar Verma, J. The present application has been filed by the applicants, namely, Pawandeep Singh, Smt. Mandeep Kaur, Gurdeep Singh, Preetpal Singh and Smt. Ishnit Kaur under Sections 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.9172 of 2018, “State vs. Pawandeep Singh and Others”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge, Rudrapur, Udham Singh Nagar for the offence punishable under Sections 323, 498A, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961. 2. Heard Mr. Harshpal Sekhon, learned counsel for the applicants through Video Conferencing, Mr. B.S. Koranga, learned counsel holding brief of Mr. Basant Singh, learned counsel for the respondent no.2/informant/victim and Mr. Siddhartha Bisht, learned Brief Holder for the State. 3. The applicant no.1 is the husband of the respondent no.2 and the remaining applicants are the family members of the applicant no.1. 4. All the applicants are present through Video Conferencing. They are identified by Mr. Harshpal Sekhon, Advocate. Smt. Gurpal Kaur, the respondent no.2, is present through Video Conferencing and she is identified by Mr. B.S. Koranga, Advocate. 5. All the applicants and the respondent no.2 submitted that there were matrimonial disputes between them and they have resolved their disputes and after resolving their disputes they have filed a Compounding Application (IA No.02 of 2023) along with affidavits with their free will and without any pressure. 6. Learned counsel for the State submitted that there were matrimonial disputes between the applicants and the respondent no.2 and they have resolved their disputes, therefore, the State has no objection. 7. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.9172 of 2018, “State vs. Pawandeep Singh and Others”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge, Rudrapur, Udham Singh Nagar for the offence punishable under Sections 323, 498A, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, are quashed. 8. 8. Resultantly, the entire proceedings of Criminal Case No.9172 of 2018, “State vs. Pawandeep Singh and Others”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge, Rudrapur, Udham Singh Nagar for the offence punishable under Sections 323, 498A, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, are hereby quashed. 9. The Criminal Misc. Application (No.203 of 2023), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly. 10. Urgency Application (IA No.01 of 2023) stands disposed of accordingly.