Allowed

Girish Chandra Gururani and Another v. State Of Uttarakhand and Another

Uttarakhand HC5 Mar 2018C482/25/2014

Case brief

AI extract

What is this about?

Held that the criminal proceedings and summoning order under Sections 498-A, 323, 504 IPC and Sections 3/4 Dowry Prohibition Act were quashed following an amicable settlement and filing of a joint compromise affidavit between the applicant husband and the complainant wife.

What did the court decide?

Provisions Sections 498-A, 323, 504 IPC and Sections 3/4 Dowry Prohibition Act and proceedings of Criminal Case No. 543 of 2013 were quashed.

Girish Chandra Gururani and Another Vs State Of… — Dowry and Cruelty | Uttarakhand HC (2018)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Compounding Application No.316 of 2018

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Criminal Misc. Application No.25 of 2014 (U/S 482 Cr.P.C)

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Girish Chandra Gururani & others …Applicants

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Versus

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State of Uttarakhand & others ...Respondents

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Mr C.S. Adhikari, Advocate for the applicant. Mrs. Geeta Parihar, Brief Holder for the State of Uttarakhand. Mr. Vinod Tiwari, Advocate for respondent no.2.

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Dated: 05.03.2018

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Hon’ble V.K. Bist J.

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Present criminal misc. application under section 482 has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Case No.543 of 2013 State Vs. Somesh Gururani and Others relating to offences punishable under Sections 498-A, 323, 504 of IPC and one punishable under Section 3/4 Dowry Prohibition Act pending in the Court of learned Chief Judicial Magistrate, Pithoragarh alongwith the summoning order dated 12.12.2013 passed in the aforesaid criminal case as well as the charge sheet submitted in the F.I.R. No.20 of 2013 Police Station Kotwali, Pithoragarh passed thereon on the ground that the dispute has been amicable settled between the parties and the offence has been compounded. Alongwith the criminal misc. application, compounding application has been filed by the applicants and respondent no.2. In support of compounding application, joint compromise affidavits have been filed by

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Mr. Girish Chandra Gururani (applicant no.1) alongwith applicant no.2 and Sapna Gururani complainant (respondent no.2). In the compounding application it is stated by the respondent no.2 that dispute between her and applicants has been settled and she has no grievance remain from applicants, as such the matter between the respondent no.2, applicants has been settled amicably and the respondent no.2 does not wish to carry the criminal litigation against the applicants.

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It is prayed that the offences punishable under sections 498-A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act, arising out of the Criminal Case No.543 of 2013 State Vs. Somesh Gururani and others, pending in the court of learned Chief Judicial Magistrate, Pithoragarh alongwith and summoning order dated 12.12.2013 passed in the aforesaid criminal case as well as the charge sheet submitted in FIR No.20 of 2013 Police Station Kotwali, Pithoragarh, may be quashed.

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Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise.

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In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No.115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if Court is satisfied that matter has

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been settled between the parties amicably and parties are interested to restore peace and harmony between them.

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Having considered submissions of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the writ petition deserves to be allowed.

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Accordingly, the criminal misc. application filed under section 482 is allowed. Proceedings of Criminal Case No.543 of 2013 for the offences punishable under sections 498-A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act pending in the court of Chief Judicial Magistrate, Pithoragarh, so far same relate to the applicants, are hereby quashed.

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Compounding application is, accordingly, disposed of.

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Arti

Girish Chandra Gururani and Another v. State Of Uttarakhand and Another

Case brief

What is this about?

What did the court decide?

Girish Chandra Gururani and Another v. State Of Uttarakhand and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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