C482/647/2006 of MUNEER AHMAD Vs STATE and ANOTHER

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Miscellaneous Application No. 4500/2010 In Criminal Miscellaneous Application 647/2006 (Under Section 482 CrPC)

Muneer Ahmad

… Petitioner

Versus

State of Uttaranchal & Another.

… Respondents

Mr. Ramji Srivastava, Advocate for the petitioner.

Mr. Nandan Arya, AGA for the State.

December 30, 2010

Hon’ble Prafulla C. Pant, J.

This is miscellaneous application no. 4500 of 2010, moved on behalf of the petitioner, for taking the supplementary affidavit on record, wherein it is stated that the dispute between the parties to matrimony, has already been compromised.

2. Heard.

3. Learned Counsel for the petitioner submitted that Criminal Complaint Case No. 198 of 2008, was instituted by respondent no. 2 Smt. Tabassum, relating to matrimonial dispute between the petitioner and the complainant. It is further stated in the supplementary affidavit that parties to matrimony have amicably settled the dispute. In support of said fact, copy of the compromise has been filed as Annexure 1 to the supplementary affidavit. The said compromise appears to have been verified by the Principal Judge, Family Court, Dehradun.

4. In view of the principle of law laid down in the case of B.S. Joshi v. State of Haryana & Anr. reported in (2003) 4 SCC 675, the impugned criminal proceedings, after compromise between the parties to the matrimony, deserve to be quashed.

5. Accordingly, the petition under Section 482 CrPC is allowed. The proceedings of Criminal Complaint Case No. 5 of 2005, Tabassum v. Muneer Ahmad, relating to offences punishable under Section 498A, 323 IPC and one punishable under Section 3/4 of the Dowry Prohibition Act 1961, are hereby quashed. Registry is directed to inform the court concerned.

(Miscellaneous application no. 4500 of 2010 stands disposed of accordingly.)

Prabodh

(Prafulla C. Pant, J.) 30.12.2010