C482/383/2007 of RAKESH WALIA AND ORS. Vs STATE AND ANR.

Court: Uttarakhand High Court
Decision date: 2010-05-12
Case number: 719 of 2007

Parties

P.S. Pandav Nagar, Delhi (PETITIONER)
State of Uttarakhand through is Principal Secretary Home, Dehradun Secretary Home, Dehradun (RESPONDENT)

Cites (1 resolved of 2 detected)

B.S. JOSHI AND ORS. versus STATE OF HARYANA AND ANR. (2003)

Statutes cited (2)

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IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL

Criminal Misc. Application (C482) No. 383 of 2007

1. Rakesh Walia, S/o Shri Daljeet Singh Walia

2. Daljeet Singh Walia S/o Late Shri Satya Pal Singh S/o Late Shri Satya Pal Singh

3. Smt Santosh Walia @ Kusum

W/o Shri Daljeet Singh Walia

4. Rajesh Walia, S/o Shri Daljeet Singh Walia

All R/o C-77, Pandav Nagar

P.S. Pandav Nagar, Delhi.

………………..Applicants.

Versus

1. State of Uttarakhand through is Principal Secretary Home, Dehradun Secretary Home, Dehradun

2. Smt. Ritu Walia

W/o Shri Rakesh Kumar Walia

D/o Shri Chandra Pal Singh Presently posted as Postal Assistant Head Post Office, I.P.O., New Delhi R/o Sewla Khurd, Dehradun. Presently posted as Postal Assistant Head Post Office, I.P.O., New Delhi R/o Sewla Khurd, Dehradun.

………Opposite parties

Shri Anil Dabral, Advocate, present for the petitioners. Shri M.A. Khan, Brief Holder, present for the State/Respondent No. 1. Shri Ramji Srivastava, Advocate, present for the Respondent No. 2

Hon’ble Prafulla C. Pant, J.

Petitioner No. 1, Rakesh Walia (husband) and respondent no. 2 Smt. Ritu Walia (wife) are

also present in person in the court, identified by their counsel.

2. This is miscellaneous application no. 457 of 2010, moved on behalf of the petitioners praying that the proceedings of criminal case no. 719 of 2007, State vs. Rakesh Walia & others, relating to offences punishable under section 498A, 323, 504, 506 IPC and one punishable under section ¾ of Dowry Prohibition Act, 1961, P.S. Patel Nagar, pending in the court of Chief Judicial Magistrate, Dehradun, challenged in the present petition filed under section 482 of Cr.P.C, be quashed, as the parties to the matrimony have entered into compromise, during the pendency of the petition. The application is supported by affidavit. The parties to the matrimony who are present, in person, before this Court verified the compromise. The complainant Ritu Walia, pleaded before this Court that now she does not want to prosecute the petitioners.

3. In the above circumstances, in view of the 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 the criminal case no. 719 of 2007, State vs. Rakesh Walia & others relating to offences punishable under section 498A, 323, 504, 506 IPC and one punishable under section ¾ of Dowry Prohibition Act, 1961, P.S. Patel Nagar, Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun are hereby quashed. (Misc. application no. 457 of 2008, stands allowed).

Dt: 12.05.2010parul

(Prafulla C. Pant, J.)