LAWS(UTN)-2017-4-66

SACHIN SETHI Vs. STATE OF UTTARAKHAND AND ANOTHER

Decided On April 10, 2017
Sachin Sethi Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the impugned charge sheet dated 27.09.2014, under Section 323, 504, 506, 498A IPC and Section 190; of the Dowry Prohibition Act, as also the entire proceedings of criminal case no. 220 of 2014, State vs Sachin Sethi and another, under Section 323, 504, 506, 498A IPC and Section 190; of the Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Dehradun.

(2.) It is the submission of learned counsel for the applicant that a compromise has taken place between the parties. Since the parties to the dispute have settled their dispute amicably, therefore, this Court should set aside and quash the proceedings of criminal case no. 220 of 2014, State vs Sachin Sethi and another, under Section 323, 504, 506, 498A IPC and Section 190; of the Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Dehradun as against the applicant, inasmuch as offences punishable under Section 323, 504, 506 IPC are compoundable offences within the scheme of Section 320 Cr.P.C. and the other offences may be permitted to be compounded in view of law laid down by Hon'ble Apex Court in Gian Singh vs. State of Punjab and another, 2013 1 SCC(Cri) 160, wherein it was observed, in the context of such cases, as under:

(3.) A reference may also be had to the decision of Narendra Singh and others vs State of Punjab and another, 2014 6 SCC 466 and Criminal Apeal no. 1498 of 2014, Manohar Singh vs State of M.P. and another, decided by Hon'ble Apex Court on 21.07.2014. Manohar Singh's case covers the case under Section 498A and Section ¾ of the Dowry Prohibition Act.