Hansdeep Chilana v. State of Uttarakhand Through Secretary Home, Civil Secretariat, Dehradun

SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

05.10.2023

C482 No. 734 of 2023 Hon'ble Sharad Kumar Sharma, J. Mr. M.K. Ray, Advocate, for the applicant. Mr. S.C. Dumka, AGA, for the State. Mr. Harsh Taneja, Advocate, for the respondent.

The parties to the C482 Application are participating the proceedings through video conferencing. This Court has interacted with the complainant of FIR No. 129 dated 29.03.2022, which she had registered against the named accused persons for their alleged involvement of the commission of offence under Section 3/4 of the Dowry Prohibition Act, as well as Section 313, 323, 377 and 506 of IPC. The criminal proceeding was put to motion upon submission of Chargesheet, being Chargesheet No. 243 of 2022 dated 01.08.2022 and as a result thereto, the Criminal Case No. T-55 of 2022, State Vs. Handsdeep Chilana, stood registered before the Court of Judicial Magistrate, Kichha, District Udham Singh Nagar. It is this proceeding which has been put to challenge in the instant C482 Application. Later on, the parties have arrived at a settlement and they have filed a Compounding Application on 24.09.2023, wherein it has been unanimously submitted by the parties to the C482 Application, under the joint signatures of the parties that now they have agreed to resolve the dispute and the complainant respondent No 2, do not intend to prosecute the present applicant any further in Criminal Case No. T-55, State Vs. Hansdeep Chilana, for the reason being that the parties have already instituted a proceedings under Section 13B of the Hindu Marriage Act and they have resolved to dissolve their marriage by consent and as a result thereto, it has been agreed between the parties that in an event if the applicant pays an amount of permanent alimony of Rs.

14.00 lakh to complainant respondent No. 2, matrimony, which was solemnized between them, may be permitted to be dissolved. Those proceedings by way of HMA Case No. 352 of 2023, are still pending consideration before the Court of Family Judge, Rudrapur, District Udham Singh Nagar. The factum of institution of the proceedings under Section 13B is quite apparent and admitted from Annexure 1 to the Compounding Application, as well as the factum of deposit of the amount is also apparent from the two drafts, which have been placed on record, both executed on

12.09.2023, from the accounts of the present applicant, as it is standing in the Bank of Baroda, Branch at Lalpur, Kichha, District Udham Singh Nagar. The complainant respondent No. 2 submits that though the drafts have already been deposited, but she has not received any amount as such, because that would be ultimately paid when the matter is taken up before the learned Family Court for consideration of the proceedings under Section 13B after the composition of the present criminal case. Since because of the fact and as stated by the learned counsel for the applicant, as well as, by the parties that they have resolved to dissolve their marriage and the proceedings to that effect is still pending consideration, no purpose would be served to continue with the proceedings of Criminal Case No. T-55 of 2022, State Vs. Hansdeep Chilana. Consequently, C482 Application would stand disposed of and as a result thereto, owing to the terms and conditions referred to in Compounding Application the proceedings of Criminal Case No. T-55 of 2022, State Vs. Hansdeep Chilana, pending consideration before the Court of Judicial Magistrate, Kichha, District Udham Singh Nagar, would hereby stand quashed.

(Sharad Kumar Sharma, J.)

05.10.2023 Mahinder/