C482/53/2019 of SMT. ASHA DEVI Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

ON THE 13[TH] DAY OF JANUARY, 2021 BEFORE HON’BLE SHRI JUSTICE N.S. DHANIK, J.

Criminal Miscellaneous Application No. 53 of 2019Under Section 482 of Cr.P.C. WithCRMA No. 4694 of 2020 (Compounding Application)

BETWEEN

1. Smt. Asha Devi, aged about 49 years (Female) W/o Shri Shadi Lal Chawla

2. Shadi Lal Chawla, aged about 63 years (Male), S/o Shri

Bakhtawar Lal, Both R/o Ward No. 05, Dineshpur, District Udham Singh Nagar

…..Applicants

(By Shri S.R.S. Gill, Advocate for the applicants)

AND:

1. State of Uttarakhand through Secretary Home, Civil Secretariat, Dehradun

2. Smt. Pooja, W/o Shri Gagan Chawla, D/o Shri Somenath Kalra R/o Gari Neki, Police Station Kunda, District Udham Singh Nagar

...Respondents

(By Shri Atul Sah, Deputy Advocate General for the State and Shri Dheeraj Singh Gusai, Advocate for respondent no.2)

This Criminal Miscellaneous Application filed under Section 482 of CrPC coming on for hearing this day, Hon’ble Shri Justice N.S. Dhanik, J. delivered the following judgment:

Judgment

By way of present application, moved under Section 482 of Cr.P.C., the applicants seek to quash the charge-sheet dated 31.03.2018 as well as the summoning order dated 14.08.2018 passed by the learned Judicial Magistrate, Jaspur, District Udham Singh Nagar in Criminal Case No. 754 of 2018 (Case Crime No.155 of 2017) “State Vs. Gagan Chawla & others”, for the offences punishable under Sections 323, 504, 506 and 498-A of IPC as well as under Section 3/4 of the Dowry Prohibition Act, at Police Station Kunda, District Udham Singh Nagar.

2. Applicant no. 2 has already died and now applicant no. 1 and respondent no. 2 have filed the above-numbered compounding application to show that they have buried their differences and have settled their disputes amicably.

3. Learned counsel for the State opposed the compounding application.

4. It is contended by the learned counsel for the applicant that Sections 323, 504 and 506 of IPC are compoundable offences, whereas Section 498-A of IPC and Section 3/4 of the Dowry Prohibition Act are non-compoundable offences.

5. The Hon’ble Apex Court has dealt with the consequence of compromise in regard to non-compoundable offences in the case of B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675, wherein the

Hon’ble Apex Court has indirectly permitted compounding of non-compoundable offences.

6. The Hon’ble Supreme Court has also permitted compounding of such offences in the case of Nikhil Merchant v. CBI and another, (2008) 9 SCC 650.

7. Applicant no. 1 and respondent no. 2 are also present before the Court today through video conferencing and they are duly identified by their respective counsel. They ratified the facts stated in the compounding application. Victim/informant stated that she does not want to prosecute the accused/applicant no. 1 as she has amicably settled the dispute.

8. Accordingly, considering the facts and circumstances of the case and the legal proposition discussed above, compounding application is allowed. The entire impugned proceedings, mentioned hereinabove are hereby quashed against the present applicant no.1, on the basis of compromise arrived at between the parties.

9. Present C-482 application stands disposed of, as above.

10. Pending applications, if any, also stand disposed of accordingly.

Ankit/

(N.S. Dhanik, J.)

13.01.2021