JAGEER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE First Information Report was lodged on 22.12.2013 against the present applicants by respondent No. 2, which was registered under Sections 323/506/498 - A of I.P.C. and 3/4 Dowry Prohibition Act at Police Station Bhagwanpur, District Haridwar. In the said case, the police submitted the charge -sheet before the court concerned, and the learned Magistrate took cognizance against the present applicants.

(2.) THE applicant No. 1 Jageer Singh is the husband, applicant No. 2 is father -in -law and applicant No. 3 is mother -in -law of the complainant. During the pendency of the case some kind of settlement arrived at between the parties by which they are ready to withdraw all the cases pending before different courts in matrimonial cases. Now a joint compounding application has been moved by applicant No. 1 Jageer Singh and respondent No. 2 Smt. Popin (complainant) before this Court along with an affidavit with a prayer that they want to withdraw all the cases pending before different courts. According to the compromise, the husband/applicant No. 1 and wife/respondent No. 2 are ready to live separately. In terms of the compromise arrived at between the parties, husband and wife have now filed a divorce petition under Section 13B of Hindu Marriage Act before the Judge, Family Court, Saharanpur. It further states that the applicant/husband is ready to give Rs. 1,10,000/ - (Rupees One lac and ten thousand only) to respondent/wife, immediately after the final decision on the application under Section 13B of Hindu Marriage Act before the court at Saharanpur.

(3.) TODAY both the applicant No. 1 Jageer Singh and respondent No. 2 Smt. Pupin Devi are present before the Court, who were verified by their Advocates, namely, Mr. Tapan Singh and Mr. S.K. Shandilya respectively. Questions, relating to their compromise, were put to them. They have categorically stated that they want to resolve their dispute in view of the compromise arrived at between them. In view thereof, there is no useful purpose for continuing the criminal proceedings between the parties, particularly in view of the law laid down by the Hon'ble Apex Court in Gian Singh Vs State of Punjab and another, 2012 10 SCC 303 wherein correctness of the earlier decision of Hon'ble Apex Court in Nikhil Merchant, 2008 9 SCC 677 and B.S. Joshi, 2003 4 SCC 675 has been reiterated. The operative portion of the judgment (Gian Singh) is reproduced as below: -