HARISH CHANDRA PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of present application, moved under Section 482 of Cr.P.C., applicant seeks to quash the proceedings of Criminal Appeal No. 20/2015 filed against the judgment and order dated 30.06.2015, "State v. Harish Chandra Pandey" in Criminal Case No. 564/2013, Crime No. 2/2000, under Sections 498A, 506 of IPC and 3/4 Dowry Prohibition Act, P.S. Women, Almora whereby the applicant has been acquitted accordingly, in terms of compromise arrived between the parties.

(2.) From the perusal of the record, it would reveal that on account of the dispute respondent no. 2 lodged FIR on 31.03.2000 at Mahila Police Station, Almora which was registered as Crime No. 2 of 2000, under Sections 498A, 506 IPC and 3/4 Dowry Prohibition Act. On receipt of the charge sheet the learnd Chief Judicial Magistrate, Almora registered the case as criminal case no. 1222 of 2000 and after trial acquitted all the accused on 3 January 2005. Respondent no. 2 preferred a revision against the judgment dated 03.01.2005 before the High Court registered as Criminal Revision No. 43 of 2005. The said revision was partly allowed on 01.08.2013 against the present applicant only and the matter was remitted back with direction to the trial Court to pass a fresh order in respect of the present applicant only. The applicant preferred SLP No. 9507 of 2013 against the revision which was dismissed by the Hon'ble Supreme Court on 23.03.2015 with direction to the trial Court to decide the matter without being influenced with the observations made by the High Court in its order dated 01.08.2013. The criminal case was renumbered as criminal case no. 564 of 2019. After re-hearing the learned trial Court again acquitted the applicant on 30.06.2015. Against the order of acquittal, respondent no. 2 preferred an appeal no. 20 of 2015 before the Sessions Judge Almora. The learned Sessions Judge dismissed the appeal against the acquittal on 17.05.2016 as not maintainable. Respondent no. 2 filed a criminal revision before the High Court which was registered as Criminal Revision No. 173 of 2016 and the High Court allowed the criminal revision on 06.08.2019 quashing the order dated 17.05.2016 with the direction to the learned Appellate Court to decide the Criminal Appeal on its own merits. During the pendency of the criminal appeal a settlement has taken place between the applicant and respondent no. 2, hence, a compounding application has been moved by the parties before this Court.

(3.) The parties have filed a Compounding Application (CRMA No. 4063 of 2019) to show that the parties have buried their differences and have settled their disputes amicably.