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2025 DAILYLAW 13739 (UTT)

DEEPAK MISHRA v. STATE OF UTTARAKHAND

WPCRL/1432/2024 · 2025-02-10

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:667 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10TH FEBRUARY, 2025 CRIMINAL WRIT PETITOIN NO. 1432 of 2024 Deepak Mishra .....Petitioner Versus State of Uttarakhand and Others …Respondents Counsel for the Petitioner : Mr. Vivek Shukla, Advocate (through video conferencing) Counsel for the Respondent : Mr. Pratiroop Pandey, Nos.1 & 2. A.G.A. with Mr. Pradeep Lohani, Brief Holder. Counsel for the Respondent : Mr. Bhuvnesh Joshi, No.3/Informant/Victim Advocate. Hon’ble Alok Kumar Verma,J. The present writ petition has been filed under Article 226 of the Constitution of India to quash the First Information Report No.598 of 2024, registered at police station S.I.D.C.U.L., District Haridwar under Sections 115(2), 351(3), 352 and Section 85 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. Vivek Shukla (through video conferencing), learned counsel for the petitioner, Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Pradeep 2025:UHC:667 2 Lohani, learned Brief Holder for the respondent nos.1 & 2 and Mr. Bhuvnesh Joshi, learned counsel for the respondent no.3/informant/victim. 3. The petitioner is the husband of the respondent no.3. The petitioner-Deepak Mishra and respondent no.3- Smt. Sandhya Mishra are present through video conferencing. The petitioner is identified by Mr. Vivek Shukla, Advocate and respondent no.3 is identified by Mr. Bhuvensh Joshi, Advocate. 4. Both, the petitioner and respondent no. 3 have submitted that there were matrimonial disputes between them and they have resolved their disputes, and after resolving their disputes, they are living together as husband and wife. They submitted that they have filed a Compounding Application (IA No.1 of 2024) with affidavits with their free will and without any pressure. 5. Mr. Pratiroop Pandey, A.G.A. appearing for the State submitted that the charge sheet has been filed against the petitioner. He has further submitted that there were matrimonial disputes between the parties and they have resolved their disputes, therefore, the State has no objection to quash the First Information Report and the charge sheet. 6. The petitioner and the respondent no.3 have resolved their matrimonial disputes and now they are living 2025:UHC:667 3 together as husband and wife. In these circumstances, in case the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. 7. Consequently, the First Information Report No.598 of 2024 and the charge sheet, filed by the Investigating Officer under Sections 115(2), 351(3), 352 and Section 85 of the Bharatiya Nyaya Sanhita, 2023, are hereby quashed. 8. The Criminal Writ Petition (WPCRL No.1432 of 2024) is disposed of accordingly. 9. The Compounding Application (IA No.1 of 2024) will form part of this order. ___________________ ALOK KUMAR VERMA, J. Date: 10.02.2025 JKJ/Pant