High CourtsSingle Bench(2010) 12 UK CK 0186

Har Kishan Dayal Singh and Others vs State of Uttarakhand and Smt. Baljeet Kaur

Uttarakhand High Court · Decided on 14 December 2010

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 1196 and Compounding Application No. 1428 of 2010

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Judgment

6 paragraphs · 257 words

Prafulla C. Pant, J.—Heard learned Counsel for the parties.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the Petitioners have sought quashing of the proceedings of Criminal Case No. 3637 of 2009, State v. Hari Kishan Dayal Singh and Ors., relating to offences punishable u/s 498A, 323, 504 and 506 I.P.C., and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Rudrapur, pending in the court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

3.

Learned Counsel for the Petitioners and learned Counsel for the complainant stated that parties to matrimony have already entered into compromise. Copy of the compromise is filed as Annexure-4 to the affidavit filed with the petition.

4.

Complainant Baljeet Kaur is present in person in court. She stated before the court that she does not want to prosecute the Petitioners.

5.

In the above circumstances, in view of principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , this petition deserves to be allowed.

6.

The petition u/s 482 of Code of Criminal Procedure, is allowed. The proceedings of Criminal Case No. 3637 of 2009, State v. Hari Kishan Dayal Singh and others, relating to offences punishable u/s 498A, 323, 504 and 506 I.P.C., and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Rudrapur, pending in the court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. (Compounding Application No. 1428 of 2010 also stands disposed of).