High CourtsSingle Bench(2011) 10 UK CK 0066

Col. (Retd) R.K. Chanana, Smt. Kusum Chanana and Smt. Alka Arora vs State of Uttarakhand and Shivani Chanana

Uttarakhand High Court · Decided on 19 October 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 1172 of 2010 in Compounding Application No. 1252 of 2011 and Stay Vacation Application No. 715 of 2011

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Judgment

6 paragraphs · 263 words

Hon''ble Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 640 of 2010, State vs. Gaurav Chanana and others, relating to offences punishable u/s 323, 504, 506 and 498A I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Kotwali, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun.

3.

A Compounding Application No. 1252 of 2011 has been moved on behalf of the petitioners and respondent No. 2. The same is supported by affidavit filed by respondent No. 2 Shivani Chanana.

4.

Mrs. Shivani Chanana, identified by her counsel Shri L.K. Tiwari, Advocate, verified the compromise before this court. She stated that she does not want to prosecute the petitioners and her husband after the compromise is entered between the parties to the matrimony.

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.

6.

Accordingly, the petition u/s 482 of Cr.P.C., is allowed. The proceedings of Criminal Case No. 640 of 2010, State vs. Gaurav Chanana and others, relating to offences punishable u/s 323, 504, 506 and 498A I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Kotwali, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun, are hereby quashed, as against all the petitioners and also against Gaurav Chanana. Compounding Application No. 1252 of 2011 is allowed.