High CourtsSingle Bench(2012) 03 UK CK 0044

Smt. Kamla Chauhan, Bhagat Singh Chauhan, Smt. Prema Negi and Rajendra Singh Negi vs State of Uttarakhand and Smt. Sunita Negi @ Sumitra Negi

Uttarakhand High Court · Decided on 14 March 2012

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 251 of 2009

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Judgment

5 paragraphs · 289 words

Hon''ble Prafulla C. Pant, J.—Heard. By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal case No. 383 of 2009, State vs. Deepak Negi and others, relating to offences punishable u/s 420, 498A IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Roorkee, pending in the court of Judicial Magistrate, Roorkee, Hardwar.

2.

Learned counsel for the petitioners, and Learned Counsel for respondent No. 2 pleaded that parties to matrimony have entered into compromise, and respondent No. 2 Sunita Negi @ Sumitra Negi does not want to prosecute the petitioners.

3.

A compounding application No. 44 of 2012, is moved supported by the affidavits of petitioner No. 1 and respondent No. 2.

4.

Respondent No. 2 Sunita Negi @ Sumitra Negi identified by her counsel Mr. B.M.Pingal, Advocate, is present in Court. She stated that after amicable settlement with her husband, she wants to live with him, and as such does not want to prosecute the petitioners who are relatives of her husband.

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 Court is of the view that petition u/s 482 Cr.P.C., deserves to be allowed. The petition u/s 482 Cr.P.C., is allowed, and proceedings of criminal case No. 383 of 2009, State vs. Deepak Negi and others, relating to offences punishable u/s 420, 498A IPC,and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Roorkee, pending in the court of Judicial Magistrate, Roorkee, Hardwar, are hereby quashed against all the petitioners. (Compounding application No. 44 of 2012, stands disposed of).