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31.01.2024 C482 No. 145 of 2024
Hon’ble Rakesh Thapliyal, J.
1. Mr. Manoj Bhatt, learned counsel for
the applicant; Mr. M.A. Khan, learned AGA for the
State and Mr. Sachin, learned counsel for
respondent No. 2.
2. The instant Application has been
preferred under Section 482 CrPC, along with the
Compounding Application (IA/1/2024), which is
supported with the affidavits of the applicant and
respondent No. 2.
3. The respondent No. 2 is the
complainant i.e. the wife of the applicant and
they married in the year 2013 and thereafter, due
to this wedlock, one daughter was born in 2015.
4. Since last one year some differences
were arose consequently the respondent No. 2
the complainant left the house of her husband
and residing with her parents along with minor
daughter.
5. It is submitted in the Compounding
Application that due to some differences
between the applicant and respondent No. 2, the
FIR has been lodged by respondent No. 2, in
which after the investigation, charge-sheet was
filed and cognizance was taken.
6. In the compounding application it is
contended that both the applicant and
respondent No. 2 came up with an amicable
settlement that they will live together and since
for the last three months, they are living with
their minor daughter.
7. Both the applicant and respondent No.
2 are present physically along with their minor
daughter. The applicant and the respondent No. 2
are identified by their respective counsel through
their Aadhaar Cards.
8. This Court interacted with them and
both of them fairly submit that they are now
living together for the last three months with
their daughter.
9. On interaction the respondent No. 2
who is the wife of the applicant submits that she
does not want to proceed with the case
otherwise it will spoil the family life of the
applicant and respondent No. 2.
10. Mr. M.A. Khan, learned AGA for the
State submits that looking to the nature of
allegations levelled in the FIR, the offence
punishable under Section 498A and 509(B) IPC
are not compoundable but he fairly submits that
looking to the nature of allegations and further
taking into consideration that both the applicant
and respondent No. 2 are living together along
with their daughter, these offences can also be
compounded.
11. After hearing the learned counsel for
the parties and looking to the grounds as taken in
the compounding application and further on the
submissions advanced by the learned AGA for the
State, this Court is of the view that the
compounding application deserves to be allowed.
12. In view of this, the Compounding
Application is allowed.
13. The proceedings of Criminal Case No.
934 of 2023, State Vs. Sunil Chand, wherein the
present applicant is facing trial for the offences
under Sections 498-A, 323, 504, 506, 509(B) IPC,
pending in the Court of Civil Judge/Judicial
Magistrate, Tanakpur, District Champawat, are
hereby quashed.
14. Accordingly, the C482 Application
stands disposed of.
(Rakesh Thapliyal, J.)
Vacation Judge
31.01.2024
Mahinder/