IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Miscellaneous Application No. 577 of 2020 With Compounding Application No. 3238 of 2023 Ashwini Kumar Gain and others ...Applicants Vs.

State of Uttarakhand and Others ...Respondents Presence:

1. Mr. Aditya Singh, learned counsel for the applicants.

2. Mr. Siddhartha Bisht, learned A.G.A. for the State.

3. Mr. Vikas Bahuguna, learned counsel for the respondent.

Hon’ble Rakesh Thapliyal, J. (Oral)

The instant criminal miscellaneous application has been preferred under Section 482 of Cr.P.C. by the applicants challenging the chargesheet dated 05.04.2020 arising out of First Information Report dated 05.04.2020 bearing FIR No. 0050 of 2020, wherein, both the applicants were implicated for the offences punishable under Sections 354 and 376 of IPC, P.S.

Dalanwala, District Dehradun.

2. In addition to this, the applicants are also challenging the summoning order dated 20.06.2020 and the proceeding drawn pursuant thereof.

3. The brief facts of the case are that the sister of the respondent no. 3 Ms. Priyadarshini married with the applicant no. 2 Varun Gaind on 06.05.2007, however, due to some differences in between both of them they took divorce mutually on 26.04.2017 and while decreeing the divorce an amount towards permanent alimony was also fixed along with transfer of two immovable assets.

4. Respondent no. 3 herein is the complainant and the sister of the ex wife of the applicant no. 2, who already took divorce on26.04.2017. The FIR has been lodged by respondent no. 3 on 05.04.2020 and after investigation the chargesheet was filed on 20.06.2020 against both the applicants i.e. the applicant no. 1 (father of applicant no. 2) and applicant no. 2 for the offences punishable under Sections 354 and 376 of IPC. Now, the present C482 application is supported with the compounding application that too is supported with the affidavits of the applicants and respondent no. 3, wherein, it is contended that the parties have amicably settled their dispute and are ready to end various litigation pending between them. Applicants and concerned respondent who joined the proceeding through V.C.

are also identified by their respective counsel.

5. It is also submitted that the compounding application has been moved without coercion and pressure since the allegations are somehow personal in nature arising out of matrimonial dispute in between the applicant no. 2 and the sister of the complainant.

6. Learned counsel for the parties also submits that since now the parties have settled their dispute and have also submits that in other C482 application No. 574 of 2020 the sister of the complainant Ms. Priyadarshini also lodged a First Information Report wherein in view of the written settlement in between the parties the proceedings have been quashed, therefore, there is no useful purpose to keep the impugned proceeding pending since there are remote chances of their conviction.

7. Both the applicants and the respondent no. 3 joined the proceedings through V.C. and this court also interact with each of them particularly with respondent no. 3 and she submits that since in fact the dispute arising out of a matrimonial dispute in between the applicant no. 2 and the sister of respondent no. 3, which now they have already resolved amicably, therefore, entire proceeding be quashed.

8. Learned counsel for the parties submits that the impugned proceedings pertains to the offences punishable under Sections 364 and 376 of IPC and in reference to this learned counsel for the parties placed reliance on a judgment rendered by the Hon’ble Apex Court in the case of Kapil Gupta vs. State (NCT of Delhi) and Another reported in (2022) 15 Supreme Court Cases 44 and particularly they placed reliance on paragraph 12 of the judgment and submits that since the complainant herself came forward for dropping the proceedings in view of their settlement, therefore, there are remote chances of conviction and as such in view of the assertion giv