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2023 Supreme(UK) 264

PANKAJ PUROHIT
Varun Gaind (Male) – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. Aditya Singh.
For the Respondents: Mr. B.P.S. Mer, Brief Holder, Mr. Vikas Bahuguna.

JUDGMENT :

The present C-482 application has been filed by the husband challenging the charge sheet dated 17.09.2021 as well as the cognizance order dated 17.09.2021, passed by the court of Chief Judicial Magistrate, District Dehradun, in Criminal Case No.232 of 2022 State vs. Varun Gaind, whereby the applicant was summoned for being tried for the offence under Sections 323, 504, 506 and 313 of IPC.

2. Heard learned counsel for the parties.

3. The first information report was lodged by respondent no.3 i.e. FIR No.41 of 2021, dated 28.01.2021 at P.S. Kotwali, Dehradun under Sections 323, 504, 506 & 313 of IPC. The facts of the case as narrated in the first information report reveal that the applicant and respondent no.3 were married and subsequently they got separated by a decree of divorce dated 26.04.2017 passed by the learned Principal Judge, Family Court Dehradun by mutual consent. After divorce now the applicant as well as respondent no.3 both have remarried and both of them also have baby out of their new wedlock.

4. In the present C-482 application accompanied with a compounding application, filed under Section 482 of Cr.P.C., it is submitted that owing to the personal settlement

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