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2020 Supreme(UK) 580

UTTARAKHAND HIGH COURT
Hon’ble Mr. Justice Alok Kumar Verma
Criminal Misc.. Application No. 751 of 2020
MAHESH ALIAS ANSHU – Applicant
Versus
STATE OF UTTARAKHAND & ANR. – Respondent
Decided on : 25.11.2020

Advocates:
For the Applicant :Mr. Mani Kumar, Advocate
For the State : Mr. Pratiroop Pandey, Learned A.G.A.

Headnote:

Criminal Procedure Code, 1973, Sec. 482, Indian Penal Code, 1860, Secs. 323, 498-A and 506 and Dowry Prohibition Act, 1961, Secs. 3 and 4 – Petition for quashing and setting aside charge-sheet and entire proceedings – Amicable settlement between the parties – Respondent No. 2 has asserted in her affidavit that she has filed her affidavit with her free will, without any pressure – She does not want to proceed with the case against the accused/applicant – Considering the facts and circumstances of the case – Prayer sought is granted – Charge-sheet and entire criminal proceedings under aforementioned offences are quashed – Criminal Misc. Application is disposed of. (Paras 6, 8, 9 and 12)

n.M izfØ;k lafgrk] 1973] /kkjk 482] Hkkjrh; n.M lafagrk] 1860] /kkjk 323] 498-A ,oa 506 vkSj ngst izfr”ks/k vf/kfu;e] 1961] /kkjk 3 ,oa 4 & vkjksi i= ,oa lEiw.kZ dk;Zokfg;k¡ vikLr djus ds fy, ;kfpdk & i{kdkjksa ds e/; esa vkil esa le>kSrk & foi{kh la[;k 2 vius ‘kiFki= esa ;g dFku dj pqdh gS fd mlus viuh Lora= bPNk vkSj fcuk fdlh ncko ds ;g ‘kiFk i= nkf[ky fd;k gS & og vfHk;qDr@izkFkhZ ds fo#) ekeyk vkxs vxzlj pykuk ugha pkgrh gS & ekeys ds rF;ksa ,oa ifjfLFkfr;ksa ij fopkj djus ij] pkgh xbZ izkFkZuk iznku dh tkrh gS & iwoksZDr mfYyf[kr vijk/kksa ds vèkhu vkjksi i= o lEiw.kZ dk;Zokfg;k¡ vfHk[kf.Mr dh tkrh gSa & nkf.Md izdh.kZ izkFkZuk i= fuLrkfjrA ¼izLrj 6] 8] 9 ,oa 12½

JUDGMENT

Hon'ble Alok Kumar Verma, J.

This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the applicant-accused to quash and set aside the charge sheet dated 05.05.2017 along with entire proceedings of Criminal Case No.370 of 2018, “State vs. Mahesh @ Anshu" under Sections 323, 498A, 506 of the I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the court of learned Judicial Magistrate/IIIrd Additional Civil Judge (Sr. Div.), Rudrapur District Udham Singh Nagar.

2. Heard applicant-Mahesh @ Anshu along with his learned counsel Mr. Mani Kumar, Advocate, Mr. Pratiroop Pandey, learned A.G.A. for the State and Smt. Priyanka Agarwal, respondent Nos.2 along with her learned counsel Mr. Kishore Rai, Advocate.

3. Register.

4. Perused and gone through the records.

5. The trial court took cognizance of the offence punishable under Sections 323, 498A, 506 of the I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961 against the applicant-accused.

6. Both the parties and their learned counsel submit that parties have settled their disputes amicably and reached to compromise pursuant to which private respondent No.2 is agree to compound the offences as alleged against the applicant-accused.

7. Parties, including their learned counsel, are present through video conferencing. The applicant-accused and respondent No.2 are duly identified by their learned counsel.

8. Both the parties have reached to an amicable settlement. The affidavits to this effect have also been filed.

9. The respondent No.2 submits that she filed her affidavit with her free will, without any pressure and she does not want to proceed with this case against the applicant-accused.

10. Learned A.G.A. appearing for the State submits that State has only formal objection against the submissions of applicant and respondent No.2.

11. The said disputes between the parties are private disputes.

12. Keeping in view of the totality of the facts and circumstances, this Court is of the view that ends of justice would be met if, the charge sheet dated 05.05.2017 along with the entire proceedings of Criminal Case No.370 of 2018, pending before learned Judicial Magistrate/III Additional Civil Judge (Sr. Div.), Rudrapur, District Udham Singh Nagar are quashed. Resultantly, the charge sheet dated 05.05.2017 along with entire proceedings of Criminal Case No.370 of 2018 “State vs. Mahesh @ Anshu" under Sections 323, 498 A, 506 of the I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the court of learned Judicial Magistrate/III Additional Civil Judge (Sr. Div.), Rudrapur, District Udham Singh Nagar are quashed.

13. This Criminal Misc. Application, filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.

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