Anita v. State of Uttarakhand

SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

C482 No.1369 of 2021

Hon'ble Siddhartha Sah, J.

Mr. Sanjay Kumar Chandel, Advocate for the applicant. Mr. Rakesh Kumar, AGA with Mr. Manoj Bhatt, Brief Holder for the State. Mr. Avneesh Kumar, Advocate holding brief of Mr. Nikhil Kushwaha, Advocate for respondent no.2. The present C482 application has been filed seeking quashing of the charge-sheet No.16A/21 and summoning order dated 09.08.2021 passed by the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 2758 of 2021, State vs. Sachin Kumar and another, under Sections 498-A, 324 & 506 of IPC and the entire proceedings of the said case, pending consideration before the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. Heard learned counsel for the parties and perused the record. During the pendency of the C-482 application, the Compounding Application (IA No.4 of 2026) has been filed on behalf of the applicant and respondent no.2. The applicant-Smt. Anita and respondent no.2-Smt. Sonam are present in Court duly identified by their respective counsel Mr. Sanjay Kumar Chandel and Mr. Avneesh Kumar, Advocates for the applicant and respondent no.2, respectively. On a query made by the Court, respondent no.2-Smt. Sonam has made a statement that she has settled the dispute amicably with the applicant and Sachin Kumar (son of the applicant) out of the Court and the settled amount has already been received by respondent no.2 in pursuance to the amicable settlement between the applicant's son Sachin Kumar and respondent no.2 during the case under Section 27 of the Uniform Civil Code of Uttarakhand Act, 2024 before the Additional Principal Judge, Family Court, Kashipur, District Udham Singh Nagar, registered as Case No.481 of 2025. It has been further mentioned in the application that since the parties of the case have entered into compromise, thus in terms of the compromise which has taken place between the applicant and respondent no.2 and it has been mutually consented between both the parties that respondent no.2 does not want to prosecute the applicant any more in the present case. On a query made to the learned State Counsel, he states that since it is a matrimonial dispute, hence the compounding application may be allowed. The applicant is also present in Court and she has also made the similar statement which has been made by respondent no.2. In view of the aforesaid, since the matter has been settled between the son of the applicant and respondent no.2, thus continuation of criminal proceeding would serve no fruitful purpose. In view of the law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab, 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, B.S. Joshi and others vs. State of Haryana and another,

(2003) 4 SCC 675, Nikhil Merchant vs. CBI and another, (2008) 9 SCC 650, since the matter which has emanated out of matrimonial discord and the parties have already entered into amicable settlement, the Compounding Application (IA No.4 of 2026) is hereby allowed. The offences between the parties are permitted to be compounded. As a result, the charge-sheet No.16A/21, summoning order dated 09.08.2021 and the entire proceedings emanating thereof in Criminal Case No. 2758 of 2021, State vs. Sachin Kumar and another, under Sections 498-A of IPC qua the applicant, pending before the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed. The C482 application is, accordingly, disposed of. All pending applications, if any, stand disposed of accordingly.

(Siddhartha Sah, J.) Ravi

04.06.2026