High CourtsSingle Bench(2012) 02 UK CK 0023

Harish Shankar Pasi and Others vs State of Uttarakhand and Smt Laxmi Pasi

Uttarakhand High Court · Decided on 29 February 2012

HON’BLE JUDGES
Prafulla C. Pant, J
CASE NUMBER
Compounding Application No. 140 of 2012 in Criminal Miscellaneous Application (C-482) No. 987 of 2011

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Judgment

5 paragraphs · 288 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. 1561 of 2011, State v. Hari Shankar Pasi and Others, relating to offences punishable u/s 498A, 504 and 506 of I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Raipur, District Dehradun, pending in the court of Special Judicial Magistrate, C.B.I, Dehradun.

3.

Learned counsel for the petitioners, and learned counsel for the respondent No. 2 submitted before this court that due to the pendency of the aforesaid criminal case, parties to matrimony have entered into compromise, and they have settled their matrimonial dispute outside the court. Copy of the compromise is annexed with the affidavit of Smt Laxmi Pasi (respondent No. 2) filed on 27.02.2012 with the Compromise Application No. 140 of 2012.

4.

Having heard learned counsel for the petitioners, and learned counsel for the State, and learned counsel for the complainant, and after going through the affidavits filed by the respondent No. 2 annexing compromise deed, in view of principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , this petition deserves to be allowed.

5.

Accordingly, the petition u/s 482 of Cr.P.C., is allowed. The proceedings of Criminal Case No. 1561 of 2011, State v. Hari Shankar Pasi and Others, relating to offences punishable u/s 498A, 504 and 506 of I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Raipur, District Dehradun, pending in the court of Special Judicial Magistrate, C.B.I, Dehradun, are hereby quashed. (Criminal Misc. Compounding Application No. 140 of 2012 stands disposed of ).