Indian Kanoon - Search engine for Indian Law

Uttarakhand High Court

Anand Singh & Others vs State Of Uttarakhand & Another on 10 July, 2015

Author: Sudhanshu Dhulia

Bench: Sudhanshu Dhulia

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
      Criminal Misc. Application No. 834 of 2015
                             (Under Section 482 Cr.P.C.)
Anand Singh & others                                             ... Applicants

                                             Vs

State of Uttarakhand & another                                   ... Respondents
Mr. Prabha Naithani, Advocate, present for the applicants.
Mr. S.S. Adhikari, Brief Holder, present for the State/respondent No. 1.
Mr. Dharmendra Barthwal, Advocate, present for respondent No. 2.

Hon'ble Sudhanshu Dhulia, J.

In this case, the First Information Report was lodged by respondent No. 2 - Deepa Devi, against the present applicants registered under Sections 354/506/376/511/498A and 120B of I.P.C. and Section 3/4 Dowry Prohibition Act. Subsequently, after investigating the matter, the police submitted charge-sheet against the present applicants before the court concerned. Consequently, the case was registered as Criminal Case No. 1259 of 2014, which is pending before the court of Chief Judicial Magistrate, Nainital. Thereafter, the learned Magistrate took cognizance against the present applicants. Hence the applicants preferred the present application before this Court.

Applicant No. 1 - Anand Singh is the husband of the complainant/respondent No. 2 - Deepa Devi and applicant No. 2, 3 and 4 are brother-in-law, mother-in-law and father-in-law of respondent No. 2 respectively. In the present application, applicant No. 1 and respondent No. 2 moved a compounding application along with their affidavits in which respondent No. 2 alleged that she wants to resolve all matrimonial disputes amicably. Prima facie this is a ground for interference of this Court.

In view thereof, further proceedings of Criminal Case No. 1259 of 2014, under Sections 354/506/376/511/498A and 120B of I.P.C. and Section 3/4 Dowry Prohibition Act pending in the court of learned Chief Judicial Magistrate, Nainital shall remain stayed.

Issue notice to respondent No. 2. Steps to be taken within a week.

The respondents shall file counter affidavit within a period of four weeks.

List this matter after four weeks in the daily cause list.

(Sudhanshu Dhulia, J.) 10.07.2015 Aswal