C482/209/2010 of VIJAY AND ORS Vs STATE OF UTTARAKHAND AND ANR

Court: Uttarakhand High Court
Decision date: 2011-06-29
Case number: 4536 of 2009

Parties

Ravindra, W/o Banwari LalR/o House No. 30/33, D-Shiv ChowkWest Patel Nagar, New DelhiR/o House No. 30/33, D-Shiv ChowkWest Patel Nagar, New Delhi (PETITIONER)
State of Uttarakhand (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. 209 of 2010

1.Vijay

2.Ramesh

3.Rakesh

4.Rajendra

All S/o Late Mangat Ram Chaudhary

5.Smt. Laxmi Devi

W/o Late Mangat Ram Chaudhary

6.Smt. Meenakshi, W/o Rajendra

7.Smt. Brijbala, W/o Ramesh

8.Smt. Babli, W/o Rakesh Chaudhary

9.Smt. Beena, D/o Late Mangat Ram ChaudharyAll R/o 2151/10, T-5, New Patel NagarDelhiAll R/o 2151/10, T-5, New Patel NagarDelhi

10. Ravindra, W/o Banwari LalR/o House No. 30/33, D-Shiv ChowkWest Patel Nagar, New DelhiR/o House No. 30/33, D-Shiv ChowkWest Patel Nagar, New Delhi

………..…Petitioners

Versus

1.State of Uttarakhand.

2.Smt.Neetu, W/o VijayD/o Ratan LalR/o House No. 42, Gali No. 5Jagatpuri, Delhi At present residing under the C/o Shri Vipin Chanchal63, Chabil Bagh, Kanwali Road,Dehradun. D/o Ratan LalR/o House No. 42, Gali No. 5Jagatpuri, Delhi At present residing under the C/o Shri Vipin Chanchal63, Chabil Bagh, Kanwali Road,Dehradun.

....……Respondents

Shri S.S. Chaudhary, Advocate, present for the petitioners.Shri M.A. Khan, Brief Holder, present for the State.Shri Ramji Srivastava, Advocate present for the respondent no. 2

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. 4536 of 2009, State vs. Vijay and others, relating to offences punishable under section 498A, 323, 504, 506 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Dehradun.

3.Learned counsel for the petitioners, and learned counsel for the respondent no. 2 submitted before this Court that parties to matrimony have already entered into compromise. They are present in court and identified by their counsel.

4.An application no. 678 of 2011, has been moved by respondent no. 2 Neetu (complainant) supported by her affidavit in which it is mentioned that in the light of the compromise between the

parties, she does not want to prosecute the petitioners. Smt. Neetu who was present in court identified by her counsel verified by said fact.

5.In view of the above development, and keeping in mind principle of law laid down in B.S. Joshi vs. State of Haryana (2003) 4SCC page 675, this petition deserves to be allowed. Accordingly, the petition under section 482 Cr.P.C., is allowed. The impugned criminal proceedings of criminal case no. 4536 of 2009, State vs. Vijay and others, relating to offences punishable under section 498A, 323, 504, 506 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Dehradun, are hereby quashed. (Stay vacation application no. 1243 of 2010, and criminal miscellaneous application no. 678 of 2011, also stand disposed of).

Parul

(Prafulla C. Pant, J.) 29.06.2011