Allowed

Diwan Singh and Another v. State of Uttarakhand and Another

Uttarakhand HC17 Oct 2013C482/8/2010

Case brief

AI extract

What is this about?

This court allowed a criminal miscellaneous application under Section 482 Cr.P.C. to quash criminal proceedings initiated against the applicants. Relying on a compromise regarding divorce under Section 13-B of the Hindu Marriage Act and the consent of the parties, the impugned charge-sheet and related proceedings were quashed.

What did the court decide?

Application allowed; impugned charge-sheet and criminal proceedings under Sections 498-A, 323, 504, 506 IPC and Dowry Prohibition Act quashed qua applicants.

Diwan Singh and Another Vs State of Uttarakhand… — Matrimonial and Divorce | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Criminal Misc. Application No. 8 of 2010 (Under Section 482 of Cr.P.C.)

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Diwan Singh & another

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.………….Applicants

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versus

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State of Uttarakhand & another………. Respondents

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Mr. Pawan Mishra, Advocate, present for applicants. Mrs. Mamta Bisht, A.G.A., present for State-respondent. Mr. M.C. Kandpal, Senior Advocate, assisted by Mr. S.S. Chaudhary, Advocate, present for private respondent no.2.

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Hon’ble U.C. Dhyani, J. (Oral)

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The applicants, by means of present application moved under Section 482 Cr.P.C., seek to quash the summoning order dated 13.09.2013 passed by Judicial Magistrate, Haldwani, District Nainital in criminal case no. 1950 of 2009, State vs. Diwan Singh and another under Sections 498-A, 323, 504 and 506 IPC and Section ¾ of Dowry Prohibition Act, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District Nainital. Applicants have also prayed that the entire proceedings of the aforesaid criminal case be quashed.

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On the basis of FIR lodged by the respondent no.2, investigation started. After the investigation, a charge-sheet was submitted against the accusedapplicants. Aggrieved against the same, present application under Section C-482 was filed by them.

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Learned counsel for the applicants placed a certified copy of the compromise arrived at between applicant no. 1 Diwan Singh (husband of daughter of respondent no.2) and Smt. Meena Devi (daughter of respondent no.2). The said compromise is in the form of joint application under Section 13-B of the Hindu Marriage Act, 1955 filed before the Principal Judge, Family Court, Camp Haldwani. The said compromise is taken on record.

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Learned counsel for the respondent no.2 stated that he has no objection, if the proceedings of criminal case no. 1950 of 2009 are quashed. Learned counsel for respondent no.2 gave such statement on the strength of the compromise arrived at between estranged wife and husband.

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Offences punishable under Sections 323, 504 and 506 IPC are compoundable within the scheme of Section 320 Cr.P.C. Permission may be granted to the victim to compound the offence punishable under Section 498-A also in view of the pronouncements of the Hon’ble Apex Court in B.S. Joshi and others vs State of Haryana, (2003) 4 SCC 675 and Gian Singh vs. State of Punjab and another, (2013) 1 SCC (Cri) 160 .

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Application under Section 482 Cr.P.C. is accordingly allowed. Impugned charge sheet and the proceedings of criminal case no. 1950 of 2009, State vs. Diwan Singh and another under Sections 498-A, 323, 504 and 506 IPC and section ¾ of Dowry

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Prohibition Act are quashed qua applicants, with the consent of learned counsel for the parties.

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(U.C. Dhyani, J.) 17.10.2013 Anand

Diwan Singh and Another v. State of Uttarakhand and Another

Case brief

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Diwan Singh and Another v. State of Uttarakhand and Another

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