SWAYAM PRAKASH & OTHERS Vs. DEEPA SHARMA
LAWS(UTN)-2013-9-70
HIGH COURT OF UTTARAKHAND
Decided on September 24,2013

Swayam Prakash And Others Appellant
VERSUS
DEEPA SHARMA Respondents

JUDGEMENT

- (1.) Applicants, by means of present Application under Section 482 Cr.P.C. seek to quash the summoning order dated 27.07.2010 passed by the Additional Judicial Magistrate, Rishikesh, District Dehradun in Case No.1205/2010 titled as "Smt. Deepa Sharma Vs. Setu Sharma & others" under Sections 498-A, 323, 504 I.P.C. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) Complainant Respondent Smt. Deepa Sharma filed a criminal complaint against 5 accused persons, including the applicants in the court of Judicial Magistrate, Rishikesh, Dehradun. After recording of statements under Sections 200 & 202 Cr.P.C., the applicants were summoned to face trial under Sections 498-A, 323 & 504 I.P.C. Aggrieved against the same, the present application under Section 482 Cr.P.C. was filed.
(3.) A Compounding Application (CRMA No.1391 of 2013) is filed before this Court to show that the parties have settled their disputes amicably. Complainant-respondent Deepa Sharma is present in person, who is duly identified by her counsel Mr. B. N. Molakhi. One of the applicants, namely, Keshav Sharma is also present in person in the court, who is duly identified by his counsel Mr. Narendra Bali. The husband of respondent-complainant (i.e. Setu Sharma) is also present in person in court, although he is not the applicant in the Application filed under Section 482 Cr.P.C. Smt. Deepa Sharma (respondent) submitted that she does not wish to prosecute the applicants, in as much as, a compromise has taken place in which it was decided that she and her husband will part their ways. A decree for divorce has already been granted by the court of competent jurisdiction to this effect. The respondent, therefore, prayed that the application under Section 482 Cr.P.C. be allowed and the proceedings of complaint case No.1205 of 2010 pending in the court of Additional Judicial Magistrate, Rishikesh, District Dehradun be quashed.;


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