High CourtsSingle Bench(2011) 07 UK CK 0163

Vicky Oberai vs State of Uttarakhand and Smt. Neha Oberai

Uttarakhand High Court · Decided on 13 July 2011 · Citation: (2011) 2 UC 1379

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 150 of 2011

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 260 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition, moved under Article 226 of the Constitution of India, the Petitioner has sought quashing of the first information report, registered as F.I.R. No. 78 of 2011, relating to offences punishable u/s of 323, 504, 506, 452, 498A of I.P.C., and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, at police station Rishikesh, District Dehradun.

3.

Learned Counsel for the Petitioner prayed that the parties to the matrimony have entered into compromise, and the complainant does not want to prosecute the Petitioner.

4.

Petitioner Mr. Vicky Oberai and Respondent No. 4 Mrs. Neha Oberai are present in person in the court, identified by their counsel. They verified the compromise filed with Compounding Application No. 7034 of 2011, which is part of joint affidavit, filed by the parties.

5.

Having considered submissions of learned Counsel for the parties, and after going through the affidavits of the parties, in view of the principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , this writ petition deserves to be allowed.

6.

The writ petition is allowed. The impugned first information report dated 21st of February 2011 (F.I.R. No. 78 of 2011), relating to offences punishable u/s of 323, 504, 506, 452, 498A of I.P.C., and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, police station Rishikesh, District Dehradun, is hereby quashed.

(Compounding Application No. 7034 of 2011, CLMA No. 5697 of 2011 and CLMA No. 6938 of 2011 also stand disposed of).