High CourtsSingle Bench(2011) 09 UK CK 0108

Shahid, Smt. Hameeda, Saraju and Smt. Husan Jahan vs Smt. Reshma

Uttarakhand High Court · Decided on 27 September 2011

HON’BLE JUDGES
Prafulla C. Pant, J
CASE NUMBER
Criminal Miscellaneous Application (C482 ) No. 1028 of 2010

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Judgment

5 paragraphs · 271 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 2 case No. 1923 of 2010, Smt. Reshma v. Shahid and Ors., relating to offences punishable u/s 498A, 323 IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, pending in the court of Judicial Magistrate, Roorkee, District Hardwar.

3.

A compounding application No. 1152 of 2011, has been filed on behalf of the parties supported by affidavits of Shahid, Petitioner No. 1 and Smt. Reshma (Respondent). Smt. Reshma identified by his counsel is present in court. She verified the compromise. She told this Court that after entering into compromise she has started living with her husband, and she has no complaint against her husband and in-laws. She further told this Court that she does not want to prosecute the Petitioners as she is living with them happily after compromise.

4.

In view of the fact that parties to matrimony have settled their dispute, and keeping in mind the principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , this petition deserves to be allowed.

5.

Accordingly, the petition u/s 482 Code of Criminal Procedure is allowed. Proceedings of Criminal Complaint case No. 1923 of 2010, Smt. Reshma v. Shahid and Ors., relating to offences punishable u/s 498A, 323 IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, pending in the court of Judicial Magistrate, Roorkee, District Hardwar, are hereby quashed. (Compounding application No. 1152 of 2011, stands disposed of).