Uttarakhand High Court
Unknown vs Alind Agarwal on 1 August, 2024
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
SL. Date reports,
No. orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
C528 No. 93 of 2024
With
IA No. 1 of 2024
Hon'ble Rakesh Thapliyal, J.
1. Mr. Mayank Pandey, learned counsel for the applicant.
2. Mr. Pratiroop Pandey, learned A.G.A. for the State.
3. Mr. Manav Sharma, learned counsel for the complainant.
4. The present criminal miscellaneous application has been moved along with the compounding application (IA No. 1 of 2024) for seeking quashing of proceedings of Criminal Case No. 531 of 2024, State vs. Alind Agarwal, pending in the court of Civil Judge/Judicial Magistrate, Bazpur, Udham Singh Nagar wherein the present applicant is facing trial for the offence punishable under Section 498A IPC. The compounding application is supported with the affidavit of the applicant as well as affidavit of respondent no. 2.
5. The applicant as well as respondent no. 2/complainant are present in Court. Both of them are duly identified by their respective counsel. Xerox copy of the Aadhar Cards duly signed by the parties and verified by their counsel are filed and kept on record.
6. Brief facts of the case are that applicant married with respondent no. 2 on 29.04.2013 and thereafter in the year 2015 a girl child was born. There was small issue between both of them, consequently on 31.10.2023, respondent/complainant left her matrimonial house and lodged the FIR on 17.02.2024 bearing FIR No. 0085 of 2024 at P.S. Bazpur District U.S. Nagar wherein the applicant and his mother were implicated for the offences punishable under Sections 377, 498A IPC read with Section 3/4 of Dowry Prohibition Act in which after investigation charge sheet was filed and cognizance has been taken.
7. Now compounding application has been moved with this contention that both the parties have settled their disputes and they are living together with their daughter.
8. This Court also interact with respondent no. 2/ complainant who submits that she is living happily with the applicant with her minor daughter.
9. Mr. Pratiroop Pandey, learned A.G.A. for the State submits that allegation appears to be matrimonial in nature, and, since the parties have settled their disputes there is no useful purpose to continue with the impugned proceeding.
10. Accordingly, compounding application is allowed. The entire proceeding of Criminal Case No. 531 of 2024, State vs. Alind Agarwal, pending in the court of Civil Judge/Judicial Magistrate, Bazpur, Udham Singh Nagar for the offence punishable under Section 498A IPC is hereby quashed.
11. Present C528 application is disposed of finally.
(Rakesh Thapliyal, J.) 01.08.2024 Parul