Himanshu Mehta And Others Vs State Of Uttarakhand And Others

Uttarakhand High Court 6 Jan 2024 Criminal Writ Petition No. 14 Of 2024, Compounding Application IA No. 1 Of 2024 (2024) 01 UK CK 0033
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Writ Petition No. 14 Of 2024, Compounding Application IA No. 1 Of 2024

Hon'ble Bench

Ravindra Maithani, J

Advocates

D.C.S. Rawat, K.S. Bora, J.P. Kandpal, R.K. Chauhan

Final Decision

Allowed/ Disposed Of

Acts Referred
  • Indian Penal Code, 1860 - Section 323, 498A, 504, 506
  • Dowry Prohibition Act, 1961 - Section 3, 4

Judgement Text

Translate:

Ravindra Maithani, J

1. The petitioners Himanshu Mehta, Prem Singh Mehta, Deepa Mehta, Manish Mehta, Sunita and Sudhanshu Mehta seek quashing of FIR No.0294 of 2022, under Sections 323, 498-A, 504 and 506 IPC and Section ¾ of the Dowry Prohibition Act, 1961, Police Station ITI, District- Udham Singh Nagar, on the basis of amicable settlement between the parties. A joint compounding application has been filed along with the affidavits.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the respondent no.3, the informant, and the petitioner no. 1, Himanshu Mehta, were married on 11.12.2021, but after marriage, the informant was harassed and tortured for and in connection with the demand of dowry. She as abused with obscene remarks. The FIR is quite in detail.

4. It is the case of the petitioners that the matter has been amicably settled between the parties; the parties have decided to stay separate.

5. All the petitioners except the petitioner no.5, Sunita, are present before the Court. The petitioner no.5, Sunita, joined the proceedings through video conferencing. The respondent no.3, the informant, is also present before the Court. They all are identified by their respective counsel. They have accepted the compromise.

6. The Court particularly asked the respondent no.3, the informant. She would submit that she does not want to proceed with the proceedings of the case.

7. Having considered all the attending factors, this Court is of the view that it is a case, which may be decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

8. Accordingly, the petition is allowed. The FIR No.0294 of 2022, under Sections 323, 498-A, 504 and 506 IPC and Section ¾ of the Dowry Prohibition Act, 1961, Police Station ITI, District- Udham Singh Nagar, is hereby quashed.

9. Compounding Application No. 01 of 2024 stands disposed of, accordingly.

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