C482/500/2010 of SHAKTI KAKKAR Vs STATE OF UTTARAKHAND AND ANR

IN THE HIGH COURT OF UTTARAKHAND AT NAINITALCriminal Misc. Appln C482 No. 500 of 2010

1.Shakti Kakkar, S/O Shri Ashok Kakkar

2.Ashok Kakkar, S/O Shri Kakkar

3.Smt Veena Kakkar, W/O Shri Ashok Kakkar

………………………. Applicants

Versus

1.State of Uttarakhand, through Secretary Home, Government of Uttarakhand, Dehradun Secretary Home, Government of Uttarakhand, Dehradun

2.Smt. Arti Kakkar, W/O Shri Shakti

Kakkar, R/O Gali No. 9-D, Near Sangam Studio, Subhash Nagar, Jwalapur, Dist Studio, Subhash Nagar, Jwalapur, Dist

Haridwar, presently R/O Nai Basti, Bhim Goda Police Station, Haridwar, District Haridwar. Police Station, Haridwar, District Haridwar.

…………..Opposite parties.

Shri Narendra Bali,Advocate present for the petitioners. Shri M.A.Khan, Brief Holder, present for the State.Shri Davesh Bishnoi, Advocate present for respondent no.2

Petitioner no.1 Shakti Kakkar (husband) and respondent no.2 Arti Kakkar (wife) are also present in person.

Hon’ble Prafulla C. Pant, J.

By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 6732 of 2008, State vs. Shakti Kakkar and others, relating to offences punishable

under section 498A, 323 I.P.C and one punishable under section of Dowry Prohibition Act, 1961, Police Station, Kotwali Nagar, pending in the court of Chief Judicial Magistrate, Haridwar.

(2)Learned counsel for the petitioners and learned counsel for the respondent no.2 stated that parties to matrimony have entered into compromise. Compounding Application No. 545 of 2010, has been filed along with affidavit stating that since parties to matrimony have entered into compromise, the criminal proceedings initiated by respondent no.2, be quashed.

(3)Petitioner no.1 Shakti Kakkar (husband) and respondent no.2 Arti Kakkar (wife/complainant) verified the compromise, in person. They also stated before this court that they are living together. Learned counsel for the parties identified them.

(4)In the above circumstances, in view of principle of

law laid down in B.S. Joshi vs. State of Haryana (2003) 4 S.C.C 675 the petition deserves to be allowed. The petition under section 482 of Cr.P.C., is allowed. Proceedings of Criminal Case No. 6732 of 2008, State Vs. Shakti Kakkar and others, relating to offences punishable under section 498A, 323, I.P.C and one punishable under section ¾ of Dowry Prohibition Act, 1961, Police Station Kotwali Nagar, pending in the

court of Chief Judicial Magistrate, Haridwar, are quashed as against all accused. (Compounding Application No. 545 of 2010 stands disposed of).

Dt.04.06.2010

(Prafulla C. Pant, J.)