Vishal Jain, Santosh Kumar Jain, Seema @ Daya and Prashant Jain vs State of Uttarakhand

Prafulla C. Pant, J.—Heard

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. 221 of 2005, State v. Vishal Jain and Ors., relating to offences punishable u/s 498A IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, P.S. Kashipur, pending in the court of Additional Chief Judicial Magistrate, Kashipur.

Learned Counsel for the Petitioners submitted that parties to matrimony have entered into compromise a copy of which is annexed as Annex. 1 to the affidavit filed with miscellaneous application dated 01.07.2011.

Mrs. Vandana Jain, complainant, is present in person identified by her counsel. She verifies terms of compromise filed with the affidavit mentioned above, and pleaded that criminal proceedings against the Petitioners may be quashed.

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 petition deserves to be allowed. The petition u/s 482 Code of Criminal Procedure., is allowed. Proceedings of criminal case No. 221 of 2005, State v. Vishal Jain and Ors., relating to offences punishable u/s 498A IPC, and one punishable u/s 3/4 Dowry 3 Prohibition Act, 1961, P.S. Kashipur, pending in the court of Additional Chief Judicial Magistrate, Kashipur, against the Petitioners namely Vishal Jain, Santosh Jain, Seema @ Daya and Prashant Jain are hereby quashed. (Miscellaneous application dated 01.07.2011, stands disposed of).