C482/484/2011 of VISHAL JAIN AND ORS Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2011-07-08
Case number: 221 of 2005

Parties

All R/o Mohalla Ojhan, Kashipur, P.S. Kashipur, Dist. Udham Singh NagarP.S. Kashipur, Dist. Udham Singh Nagar (PETITIONER)
State of Uttarakhand through Secretary Home Dehradun.Dehradun (RESPONDENT)

Cites (1 resolved of 2 detected)

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

Statutes cited (3)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application(C482) No. 484 of 2011

1.Vishal Jain, S/o Shri Santosh Kumar Jain

2.Santosh Kumar Jain

S/o Late Shri Ram Ratan Jain

3.Seema @ Daya, W/o Santosh Kumar Jain

4.Prashant Jain, S/o Late Shri Ram Ratan Jain

All R/o Mohalla Ojhan, Kashipur, P.S. Kashipur, Dist. Udham Singh NagarP.S. Kashipur, Dist. Udham Singh Nagar

………..…Petitioners

Versus

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

....……Opposite Party

Shri Atul Kumar Bansal, Advocate, present for the petitioners.Smt. Mamta Bisht, A.G.A., present for the State.

Hon’ble Prafulla C. Pant, J.

Heard.

2.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. 221 of 2005,

State vs. Vishal Jain and others, relating to offences punishable under section 498A IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, P.S. Kashipur, pending in the court of Additional Chief Judicial Magistrate, Kashipur.

3.Learned counsel for the petitioners submitted that parties to matrimony have entered into compromise copy of which is annexed as Annex. 1 to the affidavit filed with miscellaneous application dated 01.07.2011.

4.Mrs. Vandana Jain, complainant, is present in person identified by her counsel. She verifies terms of compromise filed with the affidavit mentioned above, and pleaded that criminal proceedings against the petitioners may be quashed.

5.In the above circumstances, in view of principle of law laid down in B.S. Joshi vs. State of Haryana (2003) 4SCC page 675, this petition deserves to be allowed. The petition under section 482 Cr.P.C., is allowed. Proceedings of criminal case no. 221 of 2005, State vs. Vishal Jain and others, relating to offences punishable under section 498A IPC, and one punishable under section ¾ Dowry

Prohibition Act, 1961, P.S. Kashipur, pending in the court of Additional Chief Judicial Magistrate, Kashipur, against the petitioners namely Vishal Jain, Santosh Jain, Seema @ Daya and Prashant Jain are hereby quashed. (Miscellaneous application dated 01.07.2011, stands disposed of).

Parul

(Prafulla C. Pant, J.) 08.07.2011