BACHAN SINGH & ANOTHER Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-12-148
HIGH COURT OF UTTARAKHAND
Decided on December 31,2013

Bachan Singh And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the charge-sheet dated 29.08.2010 and summoning order dated 09.09.2010, as also the entire proceedings of criminal case no. 757 of 2010, State vs. Bachan Singh and others, under Sections 498A, 323 of IPC and Section 3/4 of the Dowry Prohibition Act, relating to police station, Dharasu, District Uttarkashi, pending in the court of Chief Judicial Magistrate, Uttarkashi.
(2.) Informant (respondent no. 2 herein) lodged an FIR against three named accused persons, including the applicants, at police station, Dharasu, District Uttarkashi, on 23.12.2008, which was registered under Sections 498A, 323 of IPC. Cognizance was taken on the said charge-sheet and accused persons were summoned to face the trial in respect of offences punishable under Sections 498A, 323 of IPC and Section 3/4 of the Dowry Prohibition Act. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.
(3.) Applicant no. 1 is father-in-law and applicant no. 2 is mother-in-law of respondent no. 2. Learned counsel for the applicants stated that the parties have settled their dispute amicably. In support of his contention, learned counsel for the applicants placed a copy of the judgment rendered by Chief Judicial Magistrate, Uttarkashi on 12.10.2011, passed in criminal case no. 305 of 2011, captioned as State vs Sandeep Singh Ramola, who is the husband of respondent no. 2. Learned counsel stated that when the father-in-law and mother-in-law of respondent no. 2 filed present application under Section 482 of Cr.P.C., the proceedings against them were stayed, vide order dated 25.10.2010, passed by this Court, but the proceedings against the husband of respondent no. 2 were continuing in the court of Chief Judicial Magistrate, Uttarkashi. On the basis of compromise entered into between the parties, husband of respondent no. 2 was exonerated of the charges levelled against him under Sections 498A, 323 of IPC and Section 3/4 of the Dowry Prohibition Act.;


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