C482/219/2010 of TEJ PRAKASH GUPTA AND ANR Vs STATE OF UTTARAKHAND AND ANR
Parties
- Gali, Rewari, Haryana (PETITIONER)
- State of Uttarakhand (RESPONDENT)
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION No. 219 Of 2010
1. Tej Prakash Gupta
S/O Late Shri Ram Avtar
Gupta R/O Jeewali Bazar, Bindawali
Gali, Rewari, Haryana.
2. Smt. Laxmi Devi W/O Ram Avtar
Gupta, R/O Jeewali Bazar Bindawali
Gali, Rewari, Haryana.
Applicants
Versus
1. State of Uttarakhand
through S.S.P Nainital
2. Smt. Yogita Gupta, D/O Devendra
Kumar Gupta R/O Golcha Compound
Haldwani, District Nainital.
………….. Respondents
Shri Piyush Garg, Advocate present for the petitioners Shri M.A.Khan, Brief Holder present for respondent no.1/State Shri Pradeep Hairiya, Advocate present for respondent no.2/complainant Smt. Yogita Gupta, (respondent no.2) is also present in person
Hon’ble Prafulla C. Pant, J.
Heard learned Counsel for the parties.
(2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the criminal case no. 899 of 2009 State vs Tez
Prakash Gupta and another relating to offences punishable 498A, 506 I.P.C and one punishable under section ¾ of Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial, Magistrate, Haldwani (arisen out of F.I.R No. 377 of 2008, Police Station, Haldwani).
(3) Learned Counsel for the parties stated that the parties to the matrimony have entered into compromise. Copy of compromise has been filed as Annexure II to this petition. Learned Counsel for the parties agreed that the impugned proceedings initiated by respondent no.2/complainant, be quashed. Smt. Yogita Gupta (respondent no.2/complainant) who is present in person, in court herself states that the proceedings against the petitioners be quashed.
(4) Therefore,in view of principle of law laid down in B.S. Joshi vs. State of Haryana (2003) 4 SCC 675, this petition under section 482 of Code of Criminal Procedure, 1973 is allowed. Proceedings of Criminal Case No. 899 of 2009 State vs. Tej Prakash Gupta and another, relating to offences punishable under section 498A, 506 I.P.C and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Haldwani. (arisen out of F.I.R No. 377 of 2008), are here by quashed.
(Prafulla C. Pant, J.)