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Judgment
Prafulla C. Pant, J.—Heard.
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. 467 of 2009, State v. Sahid Mirza and Ors. relating to offence punishable u/s 498A I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Kotwali Jwalapur, District Hardwar, pending in the court of Chief Judicial Magistrate, Hardwar.
A Compounding Application No. 722 of 2011 has been moved on behalf of the Petitioners and complainant (Respondent No. 2) Smt Sabia Jahra.
Learned Counsel for the Petitioners, and learned Counsel for the Respondent No. 2 stated that parties to matrimony have entered into compromise, and Respondent No. 2 does not want to prosecute the Petitioners. An affidavit has been filed in support of the compounding application by Respondent No. 2 Sabia Jahra. She is present in court identified by her counsel. She verified the compromise and stated before this Court that the impugned proceedings against the Petitioners may be quashed after she has entered into amicable settlement with her husband.
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. Compounding Application No. 722 of 2011 is allowed. Accordingly, the petition u/s 482 of Code of Criminal Procedure, is allowed. The impugned proceedings of Criminal Case No. 467 of 2009, State v. Sahid Mirza and Ors. relating to offence punishable u/s 498A I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Kotwali Jwalapur, District Hardwar, pending in the court of Chief Judicial Magistrate, Hardwar. are hereby quashed.