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Judgment
5 paragraphs · 258 wordsPrafulla C. Pant, J.—Heard
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 851 of 2008, Smt. Priti Singhwal v. Shri Vinod Kumar Tonk and others relating to offence punishable u/s 406 I.P.C, Police Station Patel Nagar, pending in the court of Additional Chief Judicial Magistrate, IInd, Dehradun.
Learned Counsel for the parties stated that the dispute relates to the matrimonial discord between the parties. It is further submitted that parties to matrimony have entered into compromise, and Respondent (complainant) does not want to prosecute the Petitioner Vinod Kumar Tonk. A Compounding Application No. 623 of 2011 has been moved jointly by the parties supported by affidavits.
The Respondent Smt Priti Singhwal is present in court identified by her counsel. She verified the fact that she has entered into compromise and she does not want to prosecute the Petitioner.
In view of principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , in the above circumstances, the petition deserves to be allowed. Accordingly, this petition u/s 482 of Code of Criminal Procedure ., is allowed. The proceedings of Criminal Complaint Case No. 851 of 2008, Smt. Priti Singhwal v. Shri Vinod Kumar Tonk and others relating to offence punishable u/s 406 I.P.C, Police Station Patel Nagar, pending in the court of Additional Chief Judicial Magistrate, IInd, Dehradun, are hereby quashed. (Compounding Application No. 623 of 2011 stands disposed of)
