2025:UHC:2880 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 582 of 2022 Omwati and Ors. --Applicants Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Nagesh Aggarwal, learned counsel for applicants. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal and Mr. Pramod Tewari, learned Brief Holders for the State of Uttarakhand/respondent No.1. None present for respondent No.2. Hon’ble Pankaj Purohit, J. (Oral) Heard learned counsel for the parties. 2. By means of the present C482 application, the applicants have put to challenge the charge-sheet, cognizance/summoning order dated 24.03.2014 as well as the entire proceedings of Criminal Case No.704 of 2016 (Old No.152 of 2014) State of Uttarakhand and Others Vs. Dharamveer, under Sections 323 and 498-A IPC and under Section 3/4 of the Dowry Prohibition Act, 1961, pending before the Court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar. 3. The applicants in the present C482 application are in-laws and brother in-law of respondent No.2-Smt. Seema D/o Rishipal. 4. The facts shorn-off unnecessary details are that the marriage was solemnized between Dharamveer (son of applicant Nos.1 & 2) and Smt. Seema-respondent No.2 on 28.06.2012. Out of the said wedlock, no issues were born. Some acrimony developed between the parties, which resulted into several cases between the parties including the present one under the aforementioned Sections in the Court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar. 2025:UHC:2880 2 5. It is contended by learned counsel for the applicants that during the pendency of the above criminal case, one of the accused-Dharamveer (husband of respondent No.2) has expired. Before his death, a compromise was entered into between husband- Dharamveer, applicants and respondent No.2-wife and they have amicably settled their disputes at the Mediation Centre, Laksar in the case No.142 of 2016 Seema and another Vs. Dharamveer and Ors., pending in the Court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar under Sections 12, 17, 18, 19, 20, 21, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005. According to the terms of compromise, it has been decided between the parties that all the cases pending between them shall be withdrawn and husband- Dharamveer and wife-Smt. Seema would seek divorce by way of mutual consent. A sum of Rs.3,30,000/- (Rupees Three Lacs Thirty Thousand Only) was also agreed to be paid to respondent No.2-Smt. Seema and accordingly a decree of mutual divorce under Section 13B of the Hindu Marriage Act was passed on 15.09.2018 in O.S. No.482 of 2018, Dharamveer Vs. Smt. Seema, by the learned Judge, Family Court, Haridwar. 6. Learned counsel for the applicants submits that pursuant to the aforesaid compromise, which is brought on record as Annexure No.2 to the present C482 application, all other cases between the parties except the present one which is a subject matter of C482 application, have been withdrawn. Since, this case has not been withdrawn by the respondent No.2-Smt. Seema, the applicants left with no option but to file the present C482 application for quashing the entire proceedings of the aforementioned criminal case. 7. From the record, it transpires that despite service neither the respondent No.2 has put in appearance 2025:UHC:2880 3 nor any counsel has been engaged by her before this Court. 8. Learned State Counsel admitted the narration made by the learned counsel for the applicants regarding the compromise and the mutual divorce having been granted to Dharamveer and respondent No.2-Smt. Seema. 9. Having considered the argument submitted by learned counsel for the applicants, this Court feels that there is no point in keeping the matter pending before the learned Trial Court in the Criminal Case No.704 of 2016 (Old No.152 of 2014) State of Uttarakhand and Others Vs. Dharamveer. When the matter has already been settled between the parties and it has also been decided that all the matters between the parties shall be withdrawn, once the compromise has entered into between the parties, but, this case has not been withdrawn only. 10. In view of the aforesaid facts and circumstances of the case, the present C482 application is allowed. The entire proceedings of Criminal Case No.704 of 2016 (Old No.152 of 2014) State of Uttarakhand and Others Vs. Dharamveer, under Sections 323 and 498-A IPC and under Section 3/4 of the Dowry Prohibition Act, 1961, pending before the Court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar, is hereby quashed. Resultantly, the charge-sheet also stands quashed. 11. Interim order dated 08.10.2024 stands vacated. (Pankaj Purohit, J.) 22.04.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D9 59AC, cn=PREETI NEGI Date: 2025.04.23 10:29:30 +05'30'