Abhishek v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON'BLE SRI JUSTI CE ALOK KUMAR VERMA

1 8 TH DECEMBER, 2 0 2 4

CRI MI NAL MI SCELLAENOUS APPLI CATI ON NO. 9 7 2 OF 2 0 2 4

Abhishek and Four Others

.... Applicants

Versus

State of Uttarakhand and Another ..…Respondents

Counsel for the Applicants : Mr. Amit Kapri,

Advocate.

Counsel for the Respondent : Mr. Bhaskar Joshi, No. 1

A.G.A assisted by Ms.

Sweta Badola Dobhal,

Brief Holder.

Counsel for the Respondent : Mr. Deep Prakash, No. 2.

Bhatt, Advocate.

Hon 'ble Alok Ku m ar Ver m a,J.

The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Criminal Case No. 4256 of 2023, "State vs. Abhishek and Others", pending before the Court of I st Additional Chief Judicial Magistrate, Dehradun under Section 498A, Section 506 of the Indian Penal Code, 1860 and Section 3/ 4 of the Dowry Prohibition Act, 1961. 2 .

The respondent no. 2-Smt. Priyanka is the wife of the applicant no. 1-Abhishek. Applicant nos. 2

to 5 are the family members of the applicant no. 1. The applicants and the respondent no. 2 have filed a Compounding Application (IA No. 01 of 2024). 3 .

Mr. Amit Kapri, learned counsel for the applicants, Mr. Bhaskar Joshi, learned A.G.A. assisted by Ms. Sweta Badola Dobhal, learned Brief Holder for the respondent no. 1 and Mr. Deep Prakash Bhatt, learned counsel for the respondent no. 2. 4 .

All the applicants and the respondent no. 2 are present through video conferencing. The applicants are identified by Mr. Amit Kapri, Advocate. The respondent no. 2 is identified by Mr. Deep Prakash Bhatt Advocate. 5 .

Both, the applicants and the respondent no. 2 submitted that there were matrimonial disputes between them. They have resolved their disputes and after resolving their disputes, they have filed a Compounding Application with their affidavits. 6 .

Respondent no. 2-Smt. Priyanka has submitted that after resolving her matrimonial disputes, she has filed an affidavit with her free will and without any pressure. She has further submitted that she does not want to proceed with the said criminal case.

7 .

Learned counsel for the State submitted that there were matrimonial disputes between the parties and they have resolved their disputes, therefore, the State has no objection to quash the proceedings of the criminal case. 8 .

Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No. 4256 of 2023, "State vs. Abhishek and Others", pending before the Court of I st Additional Chief Judicial Magistrate, Dehradun, are quashed. 9 .

Resultantly, the entire proceedings of Criminal Case No. 4256 of 2023, "State vs. Abhishek and Others", pending before the Court of I st Additional Chief Judicial Magistrate, Dehradun, are hereby quashed. 1 0 . Present Criminal Miscellaneous Application (No. 972 of 2024), filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is disposed of accordingly.

_ _ _ _ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 18th December, 2024 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08bti 9c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9B ED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2024.12.18 17:26:20 +05'30'