High CourtsSingle Bench(2011) 05 UK CK 0065

Renu Aggarwal, Arun Kumar Aggarwal and Kshitij Aggarwal vs Poonam Chawla @ Poonam Aggarwal

Uttarakhand High Court · Decided on 13 May 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 38 of 2011

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Judgment

5 paragraphs · 252 words

Prafulla C. Pant, J.—Heard.

2.

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 complaint case No. 9155 of 2009, Poonam Chawla @ Poonam Aggarwal v. Kshitij Aggarwal and Ors., relating to offence punishable u/s 498A IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, pending in the Court of Judicial Magistrate, Dehradun.

3.

Learned Counsel for the parties submitted that parties to the matrimony have entered into compromise, and Respondent does not want to prosecute the Petitioners.

4.

The compounding application moved on behalf of the parties supported by affidavit. The compromise is verified by the Respondent herself present in the Court. Respondent Poonam Chawla @ Poonam Aggarwal identified by her counsel, is present in person before the Court. The Respondent was handed over the draft of rupees one lac in the Court in pursuance to the compromise entered between the parties.

5.

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, is allowed. Proceedings of criminal complaint case No. 9155 of 2009 Poonam Chawla @ Poonam Aggarwal v. Kshitij Aggarwal and Ors., relating to offence punishable u/s 498A IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, pending in the Court of Judicial Magistrate, Dehradun, are hereby quashed. Compounding application CRMA No. 471 of 2011, stands allowed.