Jitendra Sharma and Others vs State of Uttarakhand and Others

Hon''ble Prafulla C. Pant, J.—Heard learned counsel for the parties. By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as the Cr.P.C.), the petitioners have sought quashing of the charge sheet filed against them in connection with crime No. 09 of 2007 (criminal case No. 488 of 2007), State Vs. Jitendra Sharma and others, relating to offence punishable u/s 406 of I.P.C., Police Station Gangnahar, District Haridwar, pending before Judicial Magistrate, Roorkee.

Annexure-6 to the petition shows that the parties have entered into compromise and the matter has been settled between them outside the court.

From the perusal of papers on record, it is clear that the first information report was lodged against the petitioners even before the marriage took place between Jitendra Sharma (petitioner No. 1) and Sheetal (daughter of respondent No. 2 Amreek Singh). Learned counsel for the petitioners submitted that no entrustment of property can be said to have been made as in terms of compromise the parties have already returned back the articles to each other.

Keeping in view the fact that the offence punishable u/s 406 is compoundable with the permission of the Court and the submissions made by learned counsel for the parties, as above, and also considering the compromise (Annexure-6 to the petition) filed by the parties, the petition u/s 482 of Cr.P.C. deserves to be allowed. The Petition u/s 482 of the Cr.P.C., is allowed. Proceedings in criminal case No. 488 of 2007; State Vs. Jitendra Sharma and others, pending before the Judicial Magistrate, Roorkee, District Haridwar, are hereby quashed.