IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Pawandeep Singh and Others - Applicants
Versus
State of Uttarakhand and Another - Respondents
Criminal Miscellaneous Application No.203 of 2023
Decided On : 08-02-2023
Quashing of Criminal Proceedings - Matrimonial Disputes - Compounding Application
Fact of the Case:
The applicants filed an application to quash the criminal proceedings against them for offences under IPC and Dowry Prohibition Act, citing resolution of matrimonial disputes and filing of a Compounding Application.
Finding of the Court:
The court found that the matrimonial disputes had been resolved by the parties, and the State had no objection to quashing the proceedings.
Issues: Resolution of matrimonial disputes, Compounding Application, Quashing of Criminal Proceedings
Ratio Decidendi: The court considered the resolution of matrimonial disputes and the filing of a Compounding Application as grounds to quash the criminal proceedings in the interest of justice.
Final Decision: The entire proceedings of the criminal case were quashed, and the application under Section 482 of the Code of Criminal Procedure was disposed of accordingly.
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. 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.
AI
Quashing of criminal proceedings in cases of resolved matrimonial disputes and mutual consent.
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The main legal point established in the judgment is that the court has the power to quash criminal proceedings under Sec. 482 of Cr.P.C if the offences are individual and personal in nature, not affe....
The settlement between the parties and the joint Compounding Application can be considered for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure.
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
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