Quashed

Arpit Chaudhary v. State of Uttarakhand

Uttarakhand HC22 Nov 2019C482/899/2019

Case brief

AI extract

What is this about?

A single judge allowed a criminal miscellaneous application seeking to quash summoning orders, a charge sheet, and underlying proceedings under Sections 498-A, 323, and 504 IPC. The court quashed the proceedings based on a confirmed compromise in the corresponding matrimonial case.

What did the court decide?

Summoning order dated 30.03.2019, charge sheet dated 22.02.2019, and entire proceedings under crime no.90/2018 are quashed.

Arpit Chaudhary Vs State of Uttarakhand — Dowry and Cruelty | Uttarakhand HC (2019)

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IA No.15347 of 2019 (Urgency Application) In

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C-482 No.899 of 2019

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Hon’ble R.C. Khulbe, J.

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Mr. Aditya Pratap Singh, learned Advocate for the applicant.

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Mr. Subhash Tyagi Bhardwaj, learned D.A.G. along with Ms. Geeta Parihar, learned Brief Holder for the State. None is present on behalf of respondent no.2.

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Heard learned counsel for the applicant.

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This criminal miscellaneous application under Section 482 of Cr.PC has been filed for quashing the summoning order dated 30.03.2019, charge sheet dated 22.02.2019 along with entire proceedings of case crime no.90/2018 (criminal case no.1956/ 2019), “State Vs. Arpit Chaudhary”, under Section 498-A, 323, 504 IPC, P.S. Raipur, District-Dehradun.

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It is argued by the learned counsel appearing on behalf of the applicant that a compromise has taken place between the parties before Mediation Cell of the High Court in C-482 No.603 of 2019.

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As per the compromise, the parties have filed a divorce petition under Section 13B of the Hindu Marriage Act, 1958. Apart from that, as per the compromise, the respondent has paid Rs.5 lakh to the complainant-Isha Singh and the remaining amount would be paid at the time of passing the final order in matrimonial case.

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Since, the compromise has taken place between the parties in C-482 No.603 of 2019 and accordingly a joint petition under Section 13B of Hindu Marriage Act has been moved by the parties before the Family Court, Roorkee, in these circumstances, the present criminal misc. application filed under Section 482

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Cr.P.C. is allowed and the summoning order dated 30.03.2019, charge sheet dated 22.02.2019 along with entire proceedings of case crime no.90/2018 (criminal case no.1956/ 2019), “State Vs. Arpit Chaudhary”, under Section 498-A, 323, 504 IPC, P.S. Raipur, DistrictDehradun, is hereby quashed.

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In case of non-fulfillment of the conditions of the compromise reached between the parties, the parties have a right to move an application before this Court for recalling the order passed today. Pending applications, if any, also stand disposed of.

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(R.C. Khulbe, J.) 22.11.2019

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Sukhbant

Arpit Chaudhary v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Arpit Chaudhary v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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