REENA MITTAL AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-3-122
HIGH COURT OF UTTARAKHAND
Decided on March 07,2013

Reena Mittal And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) By means of this petition, moved under Section 482 Cr. P.C., the applicants/petitioners seek to quash the charge sheet dated 19.11.2012 (annexure 3 to the petition/application) and further to quash the entire proceedings of S.T. No. 13 of 2013 State vs. Harsh Mittal & others, pending in the Court of 5th Addl. Sessions Judge, Dehradun.
(2.) A first information report was lodged against Rajkumar Mittal (father-in-law), Reena Mittal (mother-in-law), Harsh (husband) and Mohit (devar) on 25.08.2012 as regards offences punishable under Sections 302, 304 B, 498-A IPC and Dowry Prohibition Act. Criminal law was set into motion on the basis of said first information report. After the investigation, a charge sheet as regards the same offences was submitted against the accused persons in the Court of Magistrate concerned. Case was committed to the Court of Sessions. The trial is pending in the Court of 5th Additional Sessions Judge, Dehradun.
(3.) A Compounding Application is moved before this Court, stating that the informant Madan Mohan Gujaral (father of victim) has compounded the offences complained of against the accused persons. It is stated in paragraph 3 of the affidavit of Madan Mohan that both the parties have settled their disputes amicably and agreed not to pursue the litigation pending between them. But such Compounding Application to compound the offences punishable under Sections 302 and 304-B IPC cannot be accepted by the Court in view of the law laid down by Hon'ble Apex Court in Gian Singh vs. State of Punjab and another,2012 10 SCC 330. The Compounding Application is accordingly dismissed.;


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