High CourtsSingle Bench(2011) 12 UK CK 0133

Mr. Surya Prakash Gupta, Smt. Mithlesh Kumari Gupta, Shri Rajesh Gupta and Shri Gopal Gupta vs State of Uttarakhand

Uttarakhand High Court · Decided on 13 December 2011

HON’BLE JUDGES
Prafulla C. Pant, J
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 266 of 2011 in Compounding Application No. 1479 of 2011

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Judgment

6 paragraphs · 295 words

Hon''ble Prafulla C. Pant, J.—Heard.

2.

By means of this petition moved u/s 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Case No. 10100 of 2010, State vs. Pankaj Gupta and Others, relating to offences punishable u/s 498A, 323, 504 and 506 of I.P.C., and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Ist, Dehradun.

3.

Learned counsel for the petitioners, andlearned counsel for the respondent no.2submitted before this court that parties to matrimony have already entered into compromise, as such, the respondent no.2 does not want to prosecute the petitioners, and her husband Pankaj Gupta. A Compounding Application No. 1479 of 2011 has also been moved jointly by the petitioners and respondent no.2, supported by affidavits of petitioner no.1 and respondent no.2.

4.

Respondent no.2 Smt Rekha Gupta, identified by her counsel Shri Manish Arora, Advocate, is present in person in the court, and she verified the fact that she has entered into compromise with her husband and in laws, and she does not want to prosecute them.

5.

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

6.

Accordingly, the petition u/s 482 of Cr.P.C., is allowed. The proceedings of Criminal Case No. 10100 of 2010, State vs. Pankaj Gupta and Others, relating to offences punishable u/s 498A, 323, 504 and 506 of I.P.C., and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Ist, Dehradun, are hereby quashed against the petitioners and also against the Pankaj Gupta. (Compounding Application No. 1479 of 2011 stands disposed of).