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Hon’Ble R.C. Khulbe vs Arpit on 13 November, 2019

C-482 No.603 of 2019
With
CRMA No.2622 of 2019 (Stay Vacation Application)
Hon’ble R.C. Khulbe, J.

Ms. Neetu Singh and Mr. Aditya Pratap
Singh, learned Advocates for the applicants.

Ms. Mamta Joshi and Mr. Lalit Miglani,
learned Brief Holders for the State.

Mr. Aditya Singh, learned Advocate for
respondent no.2.

Heard learned counsel for the parties.
This criminal miscellaneous application
under Section 482 of Cr.PC has been filed for
quashing and setting aside the summoning order
dated 18.03.2019 and to stay the further
proceedings in regard to applicants in case
no.729/2019, “Smt. Isha Singh Vs. Arpit
Chaudhary and others” under Section 406 IPC,
registered at P.S. Raipur, District Dehradun
pending before the 1st Additional Chief Judicial
Magistrate, Dehradun, District Dehradun.

The crux of the case is that, the applicant-
Smt. Isha (complainant) filed a complaint case
no.729/2019, “Smt. Isha Singh Vs. Arpit
Chaudhary and others” under Section 406 IPC.
After recording the evidence under Section 200
and Section202 Cr.P.C. the learned 1st Additional Chief
Judicial Magistrate, Dehradun summoned the
present applicants under Section 406 IPC.
Aggrieved by it, the present criminal misc.
application under Section 482 Cr.P.C. has been
filed for quashing the impugned order.

Learned counsel for both the parties are
present before this Court and fairly submitted that
the compromise has taken place between the
parties before Mediation Cell of the High Court.
The report of the Mediation Cell is on record,
which reveals that compromise has taken place
between the parties. As per the compromise, the
parties have filed a divorce petition under Section
13B of Hindu Marriage Act, 1958. Apart from
that, as per the compromise, the respondent has
paid Rs.5 lakh to the complainant-Isha Singh and
the remaining amount would be paid at the time of
passing the final order in matrimonial case.

Since, the compromise has taken place
between the parties, and accordingly a joint
petition under Section 13B of Hindu Marriage
Act, 1958 has been moved by the parties before
the Family Court, Roorkee, in these
circumstances, the present criminal misc.
application filed under Section 482 Cr.P.C. is
allowed and impugned summoning order dated
18.03.2019 in case no.729/2019, “Smt. Isha Singh
Vs. Arpit Chaudhary and others” under Section
406 IPC, registered at P.S. Raipur, District
Dehradun pending before the 1st Additional Chief
Judicial Magistrate, Dehradun, District Dehradun
as well as entire proceedings of the aforesaid case
is hereby quashed.

In case of non-fulfillment of the conditions
of the compromise reached between the parties,
the parties have a right to move an application
before this Court for recalling the order passed
today.

Pending applications, if any, also stand
disposed of.

(R.C. Khulbe, J.)
13.11.2019
Sukhbant

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