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Sarvajeet Singh Kalra vs State of Uttarakhand & others

Uttarakhand High Court · Decided on 1 May 2017 · Citation: (2017) 05 UK CK 0004

HON’BLE JUDGES
V.K. Bist
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-498A>Section 498A</a>, <a href=1767-323>Section 323</a>, <a href=1767-506>Section 506</a>, <a href=1767-504>Section 504</a> - Husband or relative of husband of a woman subjecting her to cruelty - Punishment for voluntarily causing hurt - Punishment for criminal ,intimidation - Intentional insult with intent to provoke breach of the peace · <a href=1454>Dowry Prohibition Act, 1961</a>, <a href=1454-3>Section 3</a>, <a href=1454-4>Section 4</a> - Penalty for giving or taking dowry - Penalty for demanding dowry
RESULT
Allowed
CASE NUMBER
630 of 2017
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Judgment

6 paragraphs · 382 words
1.

This petition has been filed by the petitioners for quashing the F.I.R. No. 440 of 2016 dated 29.08.2016, under Section 323, 504, 506, 498-A I.P.C. and 3/4 of Dowry Prohibiton Act, registered at Police Station Rudrapur, Udham Singh Nagar. Alongwith this writ petition, joint compounding application has also been filed by the petitioners and respondent no. 3. In support of compounding application, affidavits have been filed by Mr. Sarvajeet Singh Kalra (petitioner no. 1) and Mrs. Sandeep Kaur (respondent no.3). It is submitted by the learned counsel for the parties that the parties have entered into the compromise and the matter has been amicably settled between them and the respondent no. 3 does not want to press her case filed against the petitioners. It is prayed that the offences punishable under Section 323, 504, 506, 498-A I.P.C. and 3/4 of Dowry Prohibiton Act, arising out of F.I.R. No. 440 of 2016, may be compounded and the entire proceedings of F.I.R. No. 440 of 2016 dated 29.08.2016, under Section 323, 504, 506, 498-A I.P.C. and 3/4 of Dowry Prohibiton Act, registered at Police Station Rudrapur, Udham Singh Nagar, may be quashed.

2.

Parties are present in the Court today and they are duly identified by their respective counsel.

3.

In view of the principle of law laid down by Hon''ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 ( Dimpey Gujral vs. Union Territory of Chandigarh ) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.

4.

Having considered submission of learned counsel for the parties and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the writ petition deserves to be allowed.

5.

Accordingly, the writ petition is allowed. Impugned F.I.R. No. 440 of 2016 dated 29.08.2016, under Section 323, 504, 506, 498-A I.P.C. and 3/4 of Dowry Prohibiton Act, registered at Police Station Rudrapur, Udham Singh Nagar is hereby quashed.

6.

Compounding application is, accordingly, disposed of.