High CourtsSingle Bench(2012) 03 UK CK 0111

Manpreet Malhotra, Charanjit Kuar Malhotra and Kulwant Singh Malhotra vs State of Uttarakhand and Himani Malhotra

Uttarakhand High Court · Decided on 22 March 2012

HON’BLE JUDGES
Prafulla C. Pant, J
CASE NUMBER
Criminal Miscellaneous Application (C482) No. 126 of 2012

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Judgment

4 paragraphs · 280 words

Hon''ble Prafulla C. Pant, J.—Heard. By means of this petition moved u/s 482 Cr.P.C., the petitioner has sought quashing of the proceedings of Criminal Case No. 795 of 2010, State Vs. Manpreet Singh & others, relating to offences punishable u/s 498 A 323, 506 of I.P.C., and one punishable under Seciton 3/4 Dowry Prohibition Act, 1961, Police Station Vikas Nagar, pending in the court of Judicial Magistrate, Vikas Nagar, District Dehradun.

2.

Learned counsel for the petitioners and learned counsel for the respondents state that parties to matrimony have already entered in to compromise, and now respondent No. 2 does not want to prosecute the petitioners.

3.

A compounding application No. 230 of 2012, is moved on behalf of the petitioners and respondent No. 2, which is supported by affidavits of petitioner No. 1 Manpreet Malhotra and respondent No. 2. Mrs. Himani Malhotra identified by her counsel Mr. L.K. Tiwari, Advocate, is present in the Court. She verified the fact that she has amicably settled the dispute outside the Court and does not want to prosecute the petitioners.

4.

In the above circumstances, in view of the principle laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , the petition deserves to be allowed. Accordingly, the petition u/s 482 of Cr.P.C. is allowed, and the proceedings of Criminal Case No. 795 of 2010, State Vs. Manpreet Singh & others, relating to offences punishable u/s 498A, 323, 506 of I.P.C., and one punishable under Seciton 3/4 Dowry Prohibition Act, 1961, Police Station Vikas Nagar, pending in the court of Judicial Magistrate, Vikas Nagar, District Dehradun, are hereby quashed. (Compounding Application No. 230 of 2012, stands disposed of).