MANNU YADAV & ANOTHER Vs. KANIKA YADAV

JUDGEMENT

(1.) A complaint was moved by the respondent Dr. Kanika Yadav before the court of 1st Additional Civil Judge (J.D.), Haldwani, District Nainital under Sections 406 and 420 of I.P.C. against the present applicants and two other persons, namely, Arvind Yadav and Om Prakash Yadav, who are the husband and father-in-law respectively of the complainant/respondent. The present applicants are the sister-in-laws of the complainant/respondent. The learned Magistrate after due process of law, as contemplated under Sections 200 and 202 of Cr.P.C., summoned the present applicants under Sections 406 of I.P.C. Hence the present C482 application before this Court.

(2.) Now at this stage, the complainant/respondent Dr. Karnika, who is represented by Mr. Saurav Adhikari, Advocate and applicant No. 1 Munni Yadav, who is represented by Senior Advocate Ms. Pushpa Joshi, moved a compounding application before this Court. On the last date of listing i.e. 31.07.2015, both the applicant No. 1 and the respondent were present in person before this Court, who were verified by the their respective counsels. They have categorically stated in their affidavits that now they want to resolve their dispute amicably and the complainant wants to withdraw her case lodged by her against the present applicants. Learned counsel for the applicants further relied upon the judgment of Hon'ble Apex Court in Gian Singh Vs State of Punjab & another, 2012 10 SCC 303.

(3.) In view of the law laid down by the Hon'ble Apex Court in Gian Singh Vs State of Punjab & another, 2012 10 SCC 303 wherein the correctness of the earlier decisions of Hon'ble Apex Court in Nikhil Merchant [2008 (9) SCC 677] and B.S. Joshi [2003 (4) SCC 675] have been reiterated and in the considered view of this Court that the present case is a fit case to invoke inherent power of this Court under Section 482 Cr.P.C., as no fruitful purpose will be solved to keep the criminal proceeding in the court below pending, as the proceedings before the court below are primarily private in nature.