Manish Kumar Dhondiyal vs State of Uttarakhand and Smt. Pallavi Dhondiyal

Prafulla C. Pant, J.—By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the proceedings of Criminal Case No. 1518 of 2009, State v. Manish Dhondiyal, pending in the court of First Addl. Chief Judicial Magistrate, Dehradun

Heard.

Brief facts of the case are that complainant Pallavi Dhondiyal (Respondent No. 2) got married to the Petitioner Manish Kumar Dhondiyal on 08.07.2004, following the Hindu rites. The Petitioner was in the job in London. On 01.08.2004, he took his wife (Respondent No. 2) to London, where the two lived together till 05.06.2007. Thereafter, the Respondent No. 2 (wife) returned back to India. She got lodged first information report, after obtaining orders u/s 156(3) of Cr.P.C., from the Chief Judicial Magistrate, Dehradun. In the complainant / first information report she alleged that she was subjected to cruelty for non-fulfillment of demand of dowry by her husband.

Learned Counsel for the Petitioner submitted that it is abuse of process of law on the part of the complainant to implicate the Petitioner and his parents in the criminal case, due to the matrimonial discord between the complainant and her husband. Apart from this, attention of this Court is drawn to Annexure -5 to the petition, which is copy of the compromise deed between the Petitioner and Respondent No. 2. In said compromise the parties have agreed that they will withdraw all the criminal proceedings against each other. This document supported by affidavit remains uncontroversial, as no counter affidavit has been filed on behalf of Respondent No. 2, even after opportunity being given by this Court. As such, the contents of affidavit filed on behalf of the Petitioner Manish Kumar Dhondiyal with this petition, remained uncontroversial. Another document on record shows that keeping in mind the law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , vide this Court''s order dated 05.05.2010, passed in Criminal Misc. Application (C-482) No. 671 of 2008, another proceeding initiated by Smt. Pallavi Dhondiyal (Respondent No. 2) were quashed after learned Counsel for the parties verified the compromise entered between the parties. Another document, Annexure -7 to the petition, shows that vide order dated 06.02.2010, the maintenance proceedings also got terminated in the court of Principal Judge, Family Court, Dehradun, as the wife did not press the proceedings further.

In the above circumstances, the petition u/s 482 of Code of Criminal Procedure is allowed. Impugned proceedings of Criminal Case No. 1518 of 2009 (New No. 1836 of 2010), State v. Manish Dhondiyal, pending in the court of Second Addl. Chief Judicial Magistrate, Dehradun (arisen out of Crime No. 230 of 2007), police station Patel Nagar, relating to offence punishable u/s 498A of I.P.C., and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, are hereby quashed. (Urgency Application No. 1863 of 2011 also stands disposed of).