Uttarakhand High Court
C482/1198/2021 on 24 August, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
C482 No.1198 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. B.S. Koranga, Advocate for the applicants.
Mr. Siddhartha Bisht, Brief Holder for the State of Uttarakhkand.
The opposite party no.2-Colonel Suman Negi, is present in person.
Respondent no.1 is represented by the Government Advocate.
The complainant has filed this C-482 application seeking permission to withdraw the complaint which she has registered as Case Crime No.52 of 2012, Case Crime No.CGN 1238 of 2013 State of Uttarakhand vs. Colonel Suman Negi & Anr, which is pending trial before the court of Chief Judicial Magistrate, Dehradun.
The complainant/applicant herein on 03.04.2021 had filed an application, before the court of Chief Judicial Magistrate, Dehradun mentioning therewith that in view of the settlement, which has been arrived at between the parties, as referred to in para 2 of the said application, she sought permission to withdraw the proceedings of the complaint registered by her as referred herein above.
The said application was considered by the court of Chief Judicial Magistrate, but vide its order of 03.04.2021, the court had rather expressed its inability to compound the offence because of the embargo created by the provisions contained under Section 320 of Cr.P.C., as Section 498-A I.P.C. offence, which was complaint of was not compoundable.
But owing to the settlement made by the accused/respondent no.2, and coupled with the fact that in the exercise of my inherent powers under 482 of the Cr.P.C., it is wide enough to compound the offence in relation to which the trial is pending, where the parties have entered into settlement particularly when it is absolutely a personal set of allegations, which was registered by the complainant/applicant herein due to matrimonial dispute.
In view of the aforesaid settlement and for the reasons already assigned above, the proceedings registered as Criminal Case No.CGN 1238 of 2013, would hereby stand compounded under Section 320 of Cr.p.C. and accordingly, as a consequence of today's order, the aforesaid proceedings would stand dropped.
Accordingly, the 482 application stand disposed of.
(Sharad Kumar Sharma, J.) 24.08.2022 Arti