C482/644/2005 of VIKAS VERMA and ORS. Vs STATE and ANR.

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application (C-482) No.644 of 2005

Vikas Verma and others

State of Uttarakhand & another

Mr. M. C. Bansal, Advocate for the applicants. Mr. S. S. Adhikari, Brief Holder present for the State. Mr. Sandeep Tandon, Advocate present for respondent no.2.

U. C. Dhyani, J. (Oral)

… Applicants

… Respondents

1.The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the cognizance order dated 18.07.2005 passed by the Special Judicial Magistrate 1[st], District Dehradun in Criminal Case No.1856 of 2004 titled as Smt. Bhavna vs. Vikas Verma and others, under Section 406 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.

2.Learned counsel for the applicants submitted before this Court that the parties have buried their differences and settled their disputes amicably. Attention of this Court has been drawn towards the judgments dated 29.10.2012 and 20.12.2012 (annexed as Annexure-2 & 3 respectively alongwith restoration application). Perusal of the said annexures reveals that learned counsel for the parties, who are also the counsels in the present application under Section 482 Cr.P.C., apprised the Court that the parties have entered into compromise and all disputes between the two families have been settled amicably. Bhawana Verma and Vikas Verma have obtained decree of divorce on the basis of mutual consent from the competent court, and thereafter both of them have remarried with someone else and, now, they are living happily with their successive spouses.

3.It was further stated by learned counsel for the parties that all the disputes between the parties have been settled harmoniously and they do not wish to pursue their pending litigations against each other any further.

4.Learned counsel for the parties reiterated the same stand, which was earlier taken by them at the time of disposal of C482 No.191 of 2006 and C482 No.5 of 2006.

5.On the basis of such statements made by learned counsel for the parties, wherein they stated that no party is interested to pursue the litigation filed against each other, it will be futile exercise to keep the criminal case pending against the applicants before the court below. Moreover, the offence punishable under Section 406 IPC is compoundable offence within the scheme of Section 320 Cr.P.C., as also in view of the pronouncements of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another, (2013) 1 SCC (Cri) 160 and Nikhil Merchant vs. Central Bureau of Investigation and another, (2008) 9 SCC 667.

6.As consequence thereof, application under Section 482 Cr.P.C. is allowed. The cognizance order dated 18.07.2005 and proceedings of Criminal Case no.1856 of 2004 are hereby quashed on the basis of compromise between the parties.

Dated 16[th] April, 2014 Rawat

(U. C. Dhyani, J.)