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Judgment
Prafulla C. Pant, J.—This case is taken up today at the request of learned Counsel for the parties.
Heard.
By means of this writ petition, moved under Article 226 of the Constitution of India, the Petitioners have sought quashing of the first information report, registered as F.I.R. No. 78 of 2011, relating to offences punishable u/s of 323, 504, 506, 452, 498A of I.P.C., and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, at police station Rishikesh, District Dehradun.
Learned Counsel for the parties state that parties to the matrimony, namely Neha Oberai and Vicky Oberai have entered into compromise, and the complainant does not want to prosecute the Petitioners.
Mrs. Neha Oberai, Mr. Vicky Oberai and Mr. Gulshan Oberai are present in person in the court, all the three identified by their counsel. They verified the compromise filed with Compounding Application No. 7036 of 2011, which is annexed with the joint affidavit of Petitioner No. 1 and Mrs. Neha Oberai.
In view of the above development, keeping in mind the principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , this writ petition deserves to be allowed.
Therefore, the writ petition is allowed. The impugned first information report dated 21st of February 2011 (F.I.R. No. 78 of 2011), relating to offences punishable u/s of 323, 504, 506, 452, 498A of I.P.C., and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, police station Rishikesh, District Dehradun, against all the Petitioners, namely Gulshan Oberai, Kamla @ Sunita, Dheeraj Oberai, Smt. Sangeeta Oberai, Smt. Rajni Chandok, Naresh, Smt. Neelam and Rajkumar, is hereby quashed. Proceedings as against the husband Mr. Vicky Oberai are also quashed in connected Criminal Writ Petition No. 150 of 2011, listed for orders today.
(Compounding Application No. 7036 of 2011, CRMA No. 1837 of 2011 and CRMA No. 6939 of 2011 also stand disposed of).