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UTTARAKHAND HIGH COURT
Rakesh Thapliyal, J.
Himal Tewari and Ors. – Applicants
versus
State of Uttarakhand and Anr. – Respondents
C-482 No.2372 of 2023
Decided on 12.12.2023
For the Applicants: Mr. Vipul Sharma, learned counsel, appears
For the Respondents:Mr. Saurabh Pandey, Mr. Nivesh Bahuguna, Advocates
IMPORTANT POINT
Dowry offences – Allegations which appear to be personal in nature, can be compounded with consent of parties.
Headnote:
Indian Penal Code, 1860 – Sections 498A, 323 and 504 read with Sections 3/4 of Dowry Prohibition Act, 1961 – Criminal Procedure Code, 1973 – Sections 320 and 482 – Cruelty and dowry offences – Compounding Application – Deed of Compromise executed by parties in presence of witnesses – Offences under Sections 498-A of IPC and 3/4 of Dowry Prohibition Act are not compoundable, however, since allegations appear to be personal in nature, Compounding Application deserves to be allowed – Criminal case quashed. (Paras 10, 11 and 12)
Result: Compounding Application allowed.
JUDGMENT
All the applicants and respondent No. 2 appeared through V.C. and this Court interacted with each of the applicants and respondent No. 2 and all of them are also identified by their respective counsels.
2. By the instant Application, preferred under Section 482 of Cr.P.C., the applicants are challenging the Charge-Sheet No. 102/2012 for the offences punishable under Sections 498A, 323, 504 IPC and 3/4 of Dowry Prohibition Act, along with the summoning/cognizance order dated 14.02.2023. Apart from this, the present applicants are also challenging the entire proceeding of Criminal Case No. 492 of 2023 State vs. Himal Tewari and others.
3. The instant Application, preferred under Section 482 of Cr.P.C., is supported with the Compounding Application and the Compounding Application is also supported with the affidavits of each of the applicants and respondent No. 2.
4. Applicant No. 1 married with respondent No. 2 in the year 2002 and since there were some differences between them, consequently, a First Information Report was lodged by respondent No. 2 bearing FIR No. 118 of 2008 for the offences punishable under Sections 498A, 323, and 504 IPC and 3/4 of Dowry Prohibition Act. Several matrimonial disputes arose between the applicants and respondent No. 2, and due to these differences, ultimately the matter went to the Supreme Court, and two SLPs being SLP(C) Nos. 19266/2012 and 20200/2012 were preferred by respondent No. 2 before the Hon’ble Supreme Court, wherein on 12.02.2023, the following interim order was passed-
“The parties are present in person. They are not averse to exploring the possibilities of an amicable settlement. They submit that in order to create an ideal atmosphere conducive for such a settlement proceedings in all pending matters between the parties could be stayed for a limited period. A list of proceedings pending in different courts between the parties has been placed, which include the following :
1. Petition under Section 125 Criminal Procedure Code, pending in the court of Shri K.S. Mohi, Judge, Family Court, Saket, New Delhi - titled as -Rupali Tewari vs. Himal Tewari - CC No. 51/2011.
2. Petition under Section 13 (1) (1a), Hindu Marriage Act, filed by Himal Tewari, pending in the court of District Judge, Gurgaon - titled as - Himal Tewari vs. Rupali Tewari - HMA 540/2011.
3. Guardianship Petition No. 27/2011, pending in the court of District Judge, Gurgaon - titled as - Himal Tewari vs. Rupali Tewari.
4. Suit for declaration for Permanent and Mandatory Injunction - titled as - Himal Tewari vs. Rupali Tewari - CS No. 379/2011.
5. COCCP P No. 1880/2012 in Cr. No. 3709/2012, pending before the High Court of Punjab and Haryana - titled as - Himal Tewari vs. Rupali Tewari.
6. COCCP P No. 1833/2012 in Cr. No. 3309/2012, pending before the High Court of Punjab and Haryana- titled as - Himal Tewari vs. Rupali Tewari.
7. Execution Petition arising out of Guardianship Petition No. 27/2011, - titled as - Himal Tewari vs. Rupali Tewari, Gurgaon.
8. FIR No. 118/2008, under Section 498-A/406, Indian Penal Code, Police Station, Nehru Colony, Dehradoon, Uttrakhand.
In view of the submissions made at the Bar and the willingness of the parties to attempt an amicable settlement, we direct that further proceedings in all the aforementioned cases shall remain stayed till 8.3.2013.
List on 8.3.2013 [Friday] at 3.30 p.m.”
5. As it appears from the order passed by the Hon’ble Supreme Court dated 12.02.2013 there are total eight case pending in different Courts. Thereafter, a settlement was arrived between applicant No. 1 and respondent No. 2 at Gurgaon, Haryana on 06.01.2014. This settlement was arrived with the following terms:-
“1. That party of the First Part in order to secure the party of the Second Part agrees to transfer his share in the property bearing Flat No. D-22, Ground Floor, Suncity Township, Sector-54, Gurgaon, Haryana in favour of party of the Second Part and undertakes to bear the expenses
