C482/870/2010 of SHRI HARI OM KANSAL AND ORS Vs STATE OF UTTARAKHAND AND ORS

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application (C482)No. 870 of 2010

1.Shri Hari Om Kansal

S/o Late Shri Kashi Nath

2.Smt. Usha Kansal, W/o Shri Hari Om Kansal Both R/o 29 Suncity Roorkee Road MeerutBoth R/o 29 Suncity Roorkee Road Meerut

3.Harsh Kansal, S/o Shri Hari Om Kansal R/o House No. 466 Second Floor, ShitlaMata Mandir Marg Gurgaon, HaryanaR/o House No. 466 Second Floor, ShitlaMata Mandir Marg Gurgaon, Haryana

…..…Petitioners

Versus

1. State of Uttarakhand through Secretary Home,DehradunDehradun

2.The Chief Judicial Magistrate, DehradunDistrict DehradunDistrict Dehradun

3.Smt. Jigyasa Kansal, W/o Harsh KansalD/o Ashok Kumar GuptaD/o Ashok Kumar Gupta

R/o 104 Chander Nagar, Dehradun

....…….Respondents

Mr. S.K.Jain, Senior Advocate, assisted by Mr. B.S. Thind, Advocate, present for the petitioners.

Mr. M.A. Khan, Brief Holder, present for the State.Mr. Dharmendra Barthwal, Advocate, and Mrs. Mamta Joshi, Advocate, present for the respondent no. 3

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. 2441 of 2010, State vs. Hari Om Kansal & others, relating to offences punishable under section 498A, 323, 504, 506 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, Police Station Kotwali Nagar, Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun.

3.Learned counsel for the parties state that parties to matrimony have settled their dispute amicably, and terms of settlement are part of the order dated 02.01.2012, passed by the Apex Court in Transfer Petition (C ) no. 1017 of 2011 (copy of which is annexed as Annex. 1 to the compounding application filed before this Court).

4.Smt. Jigyasa Kansal (respondent no. 3) identified by her counsel Mr. Dharmendra Barthwal, Advocate, and Mrs. Mamta Joshi, Advocate, is present in the Court. She verified the fact that the parties to matrimony have settled the dispute in terms, mentioned in the order passed by the Supreme Court. She further submitted that she has received today demand draft no. 042943

dated 04.04.2012, for an amount of ` 3,00,000/- in her name in pursuance of the condition mentioned in the terms of settlement. She further stated before this Court that the impugned proceedings against the petitioners may be quashed.

5.In view of the principle of law laid down in B.S. Joshi vs. State of Haryana (2003) 4SCC page 675, read with order dated 02.01.2012, passed by the Apex Court in Transfer Petition (C ) no. 1017 of 2011, the petition under section 482 Cr.P.C., deserves to be allowed.

6.Accordingly, the same is allowed. The proceedings of criminal case no. 2441 of 2010, State vs. Hari Om Kansal & others, relating to offences punishable under section 498A, 323, 504, 506 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, Police Station Kotwali Nagar, Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun, are hereby quashed. (Compounding application also stands disposed of).

(Prafulla C. Pant, J.)30.04.2012