IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

13^th DECEMBER, 2021

CRIMINAL MISCELLANEOUS APPLICATION NO. 1652 of 2021

(under Section 482 of the Code of Criminal Procedure)

WITH

(IA No.01 of 2021) COMPOUNDING APPLICATION

Between:

Rahul Yadav.

…Applicant

and

State of Uttarakhand and Another. …Respondents

Counsel for the Applicant

:

Mr. Rajat Mittal,

learned counsel holding

brief of Mr. Vishwa

Prakash Bahuguna.

Counsel for the Respondent : Mr. S.S. Adhikari, learned

No.1

Deputy Advocate General

for the State

Counsel for the Respondent : Mr. Niranjan Bhatt.

No.2

Hon’ble Alok Kumar Verma,J.

The applicant – accused Rahul Yadav has invoked

the inherent jurisdiction of this Court under Section 482 of

the Code of Criminal Procedure, 1973, to quash the

impugned charge-sheet dated 01.02.2020, filed in FIR

No.196 of 2019, registered with Police Station Dalanwala,

District Dehradun, cognizance and summoning order dated

20.10.2021 and the entire proceedings of Criminal Case

No.5695 of 2021, “State vs. Rahul Yadav”, pending before

the learned Chief Judicial Magistrate, Dehradun.

2

2.

Subsequent to the submission of the charge-

sheet, the learned Magistrate took the cognizance by the

impugned cognizance order and summoning order was

passed against the applicant – accused Rahul Yadav under

Sections 498A, 504 of the IPC and Section 3/4 of the Dowry

Prohibition Act, 1961.

3.

Mr. Rahul Yadav, the applicant – accused and

Smt. Jyoti Yadav, the informant/victim, the wife of the

applicant, are present in-person. They are identified by their

respective counsels.

4.

Heard Mr. Rajat Mittal, the learned counsel holding

brief of Mr. Vishwa Prakash Bahuguna, the learned counsel

for the applicant, Mr. S.S. Adhikari, the learned Deputy

Advocate General for the State/respondent no.1 and Mr.

Niranjan Bhatt, the learned counsel for the respondent no.2.

5.

Mr. Rahul Yadav and Smt. Jyoti Yadav, submitted

that their private disputes have been settled amicably and

now there is no dispute between them. The applicant and

the respondent no.2 further submitted that they have filed a

joint Compounding Application (IA No.01 of 2021) along with

their affidavits with their free will and without any pressure.

6.

Smt. Jyoti Yadav, the respondent no.2, submitted

that after resolving her disputes with the applicant – accused

Rahul Yadav, she does not want to proceed with the Criminal

Case No.5695 of 2021.

7.

The learned counsel appearing for the State has

no objection.

8.

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 met, if the impugned FIR, charge-sheet,

3

cognizance and summoning order along with the entire

proceedings of the Criminal Case No.5695 of 2021, “State

vs. Rahul Yadav”, pending before the learned Chief Judicial

Magistrate, Dehradun, are quashed.

9.

Resultantly, the First Information Report No.196

of 2019, registered with the Police Station Dalanwala,

District

Dehradun,

the

impugned

charge-sheet

dated

01.02.2020,

cognizance

and

summoning

order

dated

20.10.2021 and the entire proceedings of the Criminal Case

No.5695 of 2021, “State vs. Rahul Yadav”, under Sections

498A, 504 of the IPC and Section 3/4 of the Dowry

Prohibition Act, 1961, are quashed.

10.

The Criminal Miscellaneous Application No.1652 of

2021, filed under Section 482 of the Code of Criminal

Procedure, is disposed of accordingly.

___________________

ALOK KUMAR VERMA, J.

Dt: 13^th December, 2021

PANT/