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2021 Supreme(UK) 401

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Pintu Sharma & Ors. - Appellants
Versus
State Of Uttarakhand & Anr. - Respondents
Criminal Miscellaneous Application No. 1953 of 2021
Decided On : 29-12-2021

Advocates Appeared:
S.K. Mandal, Advocate, Lalit Miglani, Advocate, Mamta Joshi, Advocate, B.S. Bhandari, Advocate

The court can quash proceedings of a criminal case based on an amicable settlement between the parties.

Headnote:

Quashing - Criminal Case - The court allowed the quashing of the proceedings of a criminal case based on an amicable settlement between the parties, leading to the release of the petitioner from custody.

Fact of the Case:

The petition sought the quashing of proceedings of a criminal case based on an amicable settlement between the parties.

Finding of the Court:

The court found that the parties had amicably settled the dispute and decided to stay separate, leading to the decision to quash the proceedings of the case.

Issues: Amicable settlement, quashing of proceedings, custody of the petitioner.

Ratio Decidendi: The court considered the amicable settlement between the parties and the willingness of the parties to not prosecute the case as the basis for allowing the quashing of the proceedings.

Final Decision: The instant petition was allowed, and the proceedings of the case pending before the court below were quashed. The petitioner in custody was to be released forthwith, if not wanted in any other case.

JUDGMENT

Ravindra Maithani, J. - By means of the instant petition, the petitioners seeks quashing of entire proceedings of Criminal Case No. 8983 of 2018, State v. Pintu Sharma and others, under Section 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, pending in the court of Judicial Magistrate, IInd, Rudrapur, District Udham Singh Nagar ("the case"), on the basis of amicable settlement between the parties.

2. Heard learned counsel for the parties and perused the record.

3. A joint compounding application has been filed supported with the affidavits of the petitioner no. 2 Smt. Krishna Sharma and the informant ("the respondent no. 2").

4. The petitioner no. 1 is not present in the Court. It is submitted that he is in custody in the same case, pursuant to bailable warrant issued against him.

5. Learned counsel for the parties would submit that parties have amicably settled the dispute. It is a matrimonial discord. They have decided to stay separate.

6. The petitioner nos. 2 & 3 and the respondent no. 2 are personally present before the Court, duly identified by their respective counsel. They have verified the contents of the compounding application and have stated that they have settled the dispute amicably.

7. The Court particularly asked the informant. She would submit that she has settled the dispute amicably and now she does not want to prosecute the case.

8. Having considered, this Court is of the view that it is a case which may be decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

9. Accordingly, the instant petition is allowed. The proceedings of the case pending before the court below are quashed. The petitioner no. 1 Pintu Sharma is in custody in this case. He be released forthwith, if not wanted in any other case.

10. Compounding application stands disposed of accordingly.

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