Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4516 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No.1375 of 2022 04 June, 2025 Ajay Kumar Chawla and Another --Applicants Versus
State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:-
Mr. Pankaj Miglani, learned counsel for applicants. Mr. S.C. Dumka, learned A.G.A. for the State of Uttarakhand/respondent No.1. Mr. M.K. Ray, learned counsel 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 impugned
judgment and order dated 23.07.2022 passed by learned Third Additional Sessions Judge, Rudrapur, District Udham Singh Nagar in Criminal Revision No.138 of 2019 Rakesh Anand Vs. Ajay Kumar Chawla and Another.
3.
It is submitted by learned counsel for the parties that the present criminal litigation arose between the parties due to matrimonial discord between Sheenam Chawala (daughter of applicant No.1) and Nakul Anand (son of respondent No.2); applicant No.2 is the brother of Sheenam Chawala. The mutual divorce petition filed by Sheenam Chawla and Nakul Anand has been allowed and the mutual divorce has been granted to Sheenam Chawla and Nakul Anand on 25.08.2021 (Annexure No.10 to the affidavit filed in support of present C482 application). 1
2025:UHC:4516
4.
Applicants-Ajay Kumar Chawla and Ankit Chawla are present through V.C. while respondent No.2-Rakesh Anand is present before this Court, who are duly identified by their respective counsel. This Court has interacted with both the parties and it has been stated by them that they have amicably settled the dispute after having taken the mutual divorce by Sheenam Chawla and Nakul Anand, and, therefore, they do not want to pursue with any litigations pending between them.
5.
In view of the statement made by learned counsel for the parties as well as by the parties who are present before this Court through V.C. and physically, this Court is of the view that when the amicable settlement has been arrived at between the parties, there is no point of keeping this litigation pending between them.
6.
Per contra, learned State Counsel submits that since the dispute has already been settled between the parties and the divorce petition has already been granted, therefore, State has got no objection, if the matter is settled on the basis of the compromise arrived at between the parties.
7.
Accordingly, the C482 application is allowed on the basis of the compromise arrived at between the parties. Impugned judgment and order dated 23.07.2022 passed in Criminal Revision No.138 of 2019 Rakesh Anand Vs. Ajay Kumar Chawla and Another., pending in the Court of 2
2025:UHC:4516 learned Third Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, is hereby quashed.
Order dated 29.05.2019 passed by learned Judicial Magistrate/Civil Judge (Junior Division), Rudrapur, District Udham Singh Nagar, is affirmed, whereby, the application filed in Misc. Case No.132 of 2019 Rakesh Anand Vs. Ajay Kumar Chawla, under Section 156(3) of Cr.P.C., was rejected.
8.
Interim order dated 05.08.2022 stands vacated.
(Pankaj Purohit, J.)
04.06.2025 PN 3 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fa dbe38331bac55c78b5f9f0276c16432f6aab , postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCC AE81FAE064498483A83D84BDB0F9229D5 BF08D959AC, cn=PREETI NEGI Date: 2025.06.05 15:30:33 +05'30'