C482/412/2010 of MUNISH KUMAR AND ANR Vs STATE OF UTTARAKHAND AND ORS

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application(C482) No. 412 of 2010

1. Munish Kumar

S/o Late Shri Rajkumar Garg

2. Smt. Tripta Devi,

W/o Late Shri Rajkumar Garg

R/o village Mustafabad

District Yamuna Nagar, Haryana

………..…Applicants

Versus

1. State of Uttarakhand Secretary (Home), Civil Secretariat Dehradun Secretary (Home), Civil Secretariat Dehradun

2. Station House Officer

Police Station Patel Nagar

District Dehradun.

3. Smt. Rupali Jain

D/o Shri Rakesh Kumar Jain

R/o 139, New Patel Nagar

Police Station Patel Nagar

Dehradun, District Dehradun.

....……Respondents

Shri R.P. Nautiyal, Advocate, present for the petitioners. Shri M.A, Khan, Brief Holder, present for the State/respondent no. 1 & 2.

Shri Sushi Vashistha, Advocate, present for the respondent no. 3 Rupali Jain.

Hon’ble Prafulla C. Pant, J.

By means of this petition moved under section 482 of Code of Criminal Procedure 1973(for short

Cr.P.C.) the petitioners have sought quashing of the proceedings of criminal case No. 540 of 2009, State vs. Munish Kumar & another, relating to offences punishable under section 323, 504, 506, 498A, I.P.C., and one punishable under section ¾ of Dowry Prohibition Act, 1961, P.S. Patel Nagar, pending in the court of Additional Chief Judicial Magistrate, II, Dehradun.

2. Learned counsel for the petitioners and learned counsel for the complainant/respondent no. 3 state that the parties to the matrimony have entered into compromise. Petitioner no. 1 Munish Kumar (husband) and respondent no. 3 Rupali Jain (wife) are present in court, in person. They are identified by their counsel. They verified the fact that they have entered into compromise and living together in Gurgaon, after the amicable settlement of matrimonial dispute between them. The factum of compromise is also verified from the affidavit filed before this Court.

3. In the above circumstances, in view of principle of law laid down in B.S. Joshi vs. State of Haryana (2003) 4 SCC page 675, the petition under section 482 of Cr.P.C, deserves to be allowed.

4. Therefore, the petition under section 482 of Cr.P.C, is allowed. The proceedings of criminal case no. 540 of 2009 (arisen of crime no. 297 of 2008) State vs. Munish Kumar and another, relating to

offences punishable under section 323, 504, 506, 498A I.P.C, and one punishable under section ¾ of Dowry Prohibition Act, 1961, P.S. Patel Nagar, pending in the court of Additional Chief Judicial Magistrate, II, Dehradun are hereby quashed.

Dt:12.05.2010

parul

(Prafulla C. Pant, J.)