VISHAL UNIYAL AND VIJAY KUMAR UNIYAL Vs. STATE OF UTTARAKHAND THROUGH SECRETARY (HOME) AND SMT. SARITA UNIYAL

JUDGEMENT

(1.) HEARD . By means of this petition, moved under Section 482 of Cr.P.C., the petitioners have challenged the proceedings of Criminal Case No. 461 of 2012, State of Uttarakhand Vs. Vishal Uniyal and another, relating to offences punishable under Section 406 and 120B of I.P.C., pending in the court of Special Judicial Magistrate (C.B.I.) Dehradun.

(2.) LEARNED counsel for the petitioners submitted that the First Information Report was got lodged by resorting to Section 156(3) of Cr.P.C., by the complainant Sarita Uniyal (respondent No. 2) due to matrimonial discord between her and her husband Vishal Uniyal (present petitioner No. 1). It is further pointed out that after the charge sheet was filed by the Investigating Officer, the parties to matrimony have already entered in to compromise and the matter has been amicably settled between them. Attention of this Court is also drawn to the decree passed by the Principal Judge, Family Court, Dehradun, in Suit No. 119 of 2011. Copy of the compromise is filed before Principal Judge, Family Court, Dehradun is annexed with annexure No. 7.

(3.) ISSUE notice to the respondent 2 Smt. Sarita Uniyal, who may file her counter affidavit within a period of six weeks.