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Judgment
Prafulla C. Pant, J.—By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure .) the Petitioners have sought quashing of the proceedings of criminal case No. 4536 of 2009, State v. Vijay and others, relating to offences punishable u/s 498A, 323, 504, 506 IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Dehradun.
Learned Counsel for the Petitioners, and learned Counsel for the Respondent No. 2 submitted before this Court that parties to matrimony have already entered into compromise. They are present in court and identified by their counsel.
An application No. 678 of 2011, has been moved by Respondent No. 2 Neetu (complainant) supported by her affidavit in which it is mentioned that in the light of the compromise between the 3 parties, she does not want to prosecute the Petitioners. Smt. Neetu who was present in court identified by her counsel verified by said fact.
In view of the above development, and keeping in mind principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , this petition deserves to be allowed. Accordingly, the petition u/s 482 Code of Criminal Procedure ., is allowed. The impugned criminal proceedings of criminal case No. 4536 of 2009, State v. Vijay and others, relating to offences punishable u/s 498A, 323, 504, 506 IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Dehradun, are hereby quashed. (Stay vacation application No. 1243 of 2010, and criminal miscellaneous application No. 678 of 2011, also stand disposed of)