Kishan Lal Taank and Others vs State of Uttarakhand and Smt. Rajni

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the Petitioners have sought quashing of the proceedings of criminal case No. 437 of 2010 State v. Kishan Lal Taank and Ors. relating to offences punishable u/s 498A, 147, 323, 504, 506 Indian Penal Code, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Doiwala, pending in the court of 1st Additional Chief Judicial Magistrate, Dehradun.

Learned Counsel for the Petitioners and Learned Counsel for the Respondent No. 2 state that parties to matrimony have entered into compromise. A compromise has been filed alongwith application before this Court. Parties to matrimony namely Respondent No. 2 Rajni and Dinesh (husband) are present in the court identified by their counsel. They verified the compromise. Smt. Rajni (Respondent No. 2) told this Court that she does not want to prosecute the accused including Petitioners Kishan Lal Taank, Smt. Kamla Devi, Rakesh Taank, Mukesh Taank, Nirdesh Taank. It is also pointed out that suit No. 342 of 2010, which was filed before, Principal Judge, Family Court, Dehradun, by Dinesh Taank against Respondent No. 2 has also been compromised. Certified copy of order dated 05.05.2011, passed by Principal Judge, Family Court, Dehradun, is annexed as Annex. 1 to the petition filed with the compromise.

In the above circumstances, in view of principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, the petition u/s 482 Code of Criminal Procedure, deserves to be allowed. The petition u/s 482 Code of Criminal Procedure, is allowed. The proceedings of criminal case No. 437 of 2010 State v. Kishan Lal Taank and Ors. relating to offences punishable u/s 498A, 147, 323, 504, 506 Indian Penal Code, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Doiwala, pending in the court of Ist Additional Chief Judicial Magistrate, Dehradun, against all the accused are hereby quashed.