Uttarakhand High Court
Ashwini Kumar Gain And Others … vs State Of Uttarakhand And Others on 5 March, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Criminal Miscellaneous Application No. 574 of 2020
With
Compounding Application No. 4116 of 2023
Ashwini Kumar Gain and others ...Applicants
Vs.
State of Uttarakhand and Others ...Respondents
Presence:
1. Mr. Aditya Singh, learned counsel for the applicants.
2. Mr. Siddhartha Bisht, learned A.G.A. for the State.
3. Mr. Vikas Bahuguna, learned counsel for the respondent.
Hon'ble Rakesh Thapliyal, J. (Oral)
The instant application has been preferred under
Section 482 of Cr.P.C. for challenging the charge sheet dated
15.03.2020 submitted pursuant to the First Information Report
bearing FIR No. 0243 dated 22.11.2018, P.S. Dalanwala, District
Dehradun, wherein, all the applicants have been implicated for
the offences punishable under Sections 120B, 420, 504, 506, 323,
313 and 406 of IPC.
2. In addition to this, the applicants are also challenging
the summoning order dated 20.06.2020 passed by the Chief
Judicial Magistrate, Dehradun, including the proceedings arising
thereof.
3. This petition is supported with the compounding
application, which is also supported with the affidavits of the
applicants and the respondent no. 3-complainant. Learned
counsel for the parties identified each of them who joined the
proceedings through V.C. In the compounding application it is
contended that the applicant no. 3 Varun Gaind married with the
respondent-complainant Priyadarshini on 06.05.2007, however
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due to some differences in between both of them they took
divorce by way of mutual consent on 26.04.2017. There was no
issue from this marriage.
4. Learned counsel for the parties submits that divorce
decree was passed by mutual consent with an amount of
permanent alimony of Rs. 14.83 lakhs and transfer of two
immovable properties i.e. a piece of land measuring 202 sq. yds.,
which is a residential plot at Rajawala, Raipur Road, Dehradun
and another office accommodation located at 74 Rajpur Road,
Dehradun.
5. It is also submitted that the amount towards the
permanent alimony and the aforesaid immovable assets were
transferred to the respondent no. 3-the ex wife of the applicant
no. 3. He submits that all the conditions which were part of the
divorce decree have been fulfilled.
6. Now, the impugned proceeding arising out of a First
Information Report lodged by respondent no. 3 on 22.11.2018 i.e.
after the divorce decree in which after investigation the
chargesheet was filed for the offences punishable under Sections
420, 504, 506, 323, 313 and 406 of IPC. It is also informed to this
court that charges has yet not been framed and the trial has yet
not been commenced. Now, in the compounding application copy
of settlement arrived in between the applicants and respondent
no. 3 dated 22.02.2022 is also enclosed as Annexure-1 to the
compounding application, wherein it is contended that the parties
have resolved their dispute unconditionally by way of written
settlement.
7. It is also agreed that the present applicants being a
2nd, 3rd and 4th party to the settlement shall give a total amount of
Rs. 2 crore 10 lakhs out of which Rs. 1 crore 82 lakhs have
already been deposited in an ESCROW A/c in Bank of
Maharashtra, convent road, Dehradun,bearing A/c No.
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60409746888 and the remaining amount of Rs. 28 lakhs are lying
with the family friend whom both parties trust.
8. It is also contended that since the parties have settled
their dispute, therefore, they all have decided to withdraw the
pending proceedings in between the parties i.e. Civil Suit No. 170
of 2020 as well as the impugned proceedings arising out of FIR
No. 0243 dated 22.11.2018. All the parties i.e. all the three
applicants and the respondent no. 3 are joined the proceedings
through V.C. and this court interact with each of them and they
submits that they resolve their disputes amicably as well as
unconditionally, which has been recorded in the written
compromise entered between the parties on 22.02.2022.
9. This court also further interact with the complainant,
who joined the proceeding through V.C. and she submits that she
does not want to proceed with the impugned proceeding since
they have settled their dispute and she got divorce from the
applicant no. 3 mutually on 26.04.2017 and received the entire
amount towards permanent alimony and the two immovable
properties, the reference of which has been given above.
10. Learned counsel for both the parties submits that
since now the parties have settled their dispute and there are very
remote chances of their conviction since there is written
compromise signed by the complainant also therefore there is no
useful purpose to continue this proceeding. In reference to this,
one judgment has been placed reliance by both the counsels of
the Hon’ble Apex Court in the case of Kapil Gupta vs. State
(NCT of Delhi) and Another reported in (2022) 15 Supreme
Court Cases 44.
11. Mr. Siddhartha Bisht, learned A.G.A. also submits
that since the parties have settled their dispute and therefore there
are very remote chances for their conviction and as such there is
no useful purpose to keep impugned proceeding pending.
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12. In view of the submission as advanced by the learned
counsel for the parties and further taking into consideration that
the parties have settled their dispute amicably/conditionally and
the settlement was recorded in writing with this undertaking by
the applicants that they will pay a sum of Rs. 2 crore 10 lakhs out
of which major part of the amount has already been deposited in
the bank and remaining part is with the family member and
learned counsel Mr. Aditya Singh, who appears for the applicants
as well as the applicants who joined the proceedings through
V.C. undertakes before this court that after disposal of this
petition the respondent no. 3 can withdraw the amount and they
will not put any hindrance on this.
13. After hearing learned counsel for the parties and
further taking into consideration this fact that the parties have
settled their dispute amicably and the learned A.G.A. have also
not disputed this fact and therefore there are very remote chances
of their conviction therefore, there is no useful purpose to keep
this petition pending.
14. Accordingly, the present C482 petition is disposed of
by allowing the compounding application no. 4116 of 2023. The
chargesheet dated 15.03.2020 arising out of FIR No. 0243 dated
22.11.2018 as well as the summoning order dated 20.06.2020 and
the proceeding drawn pursuant thereto i.e. the proceeding of
Criminal Case No. 2165 of 2020 ‘State vs. Varun Gaind and
Others‘ are hereby quashed.
.
(Rakesh Thapliyal, J.)
05.03.2025
PR