High CourtsSingle Bench(2010) 06 UK CK 0163

Shakti Kakkar, Ashok Kakkar and Smt. Veena Kakkar vs State of Uttarakhand and Smt. Arti Kakkar

Uttarakhand High Court · Decided on 4 June 2010

HON’BLE JUDGES
Prafulla C. Pant, J

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Judgment

4 paragraphs · 259 words

Prafulla C. Pant, J.—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. 6732 of 2008, State v. Shakti Kakkar and Ors., relating to offences punishable u/s 498A, 323 I.P.C and one punishable u/s of Dowry Prohibition Act, 1961, Police Station, Kotwali Nagar, pending in the court of Chief Judicial Magistrate, Haridwar.

2.

Learned Counsel for the petitioners and learned Counsel for the respondent No. 2 stated that parties to matrimony have entered into compromise. A Compounding Application No. 545 of 2010, has been filed along with affidavit stating that since parties to matrimony have entered into compromise, the criminal proceedings initiated by respondent No. 2, be quashed.

3.

Petitioner No. 1 Shakti Kakkar (husband) and respondent No. 2 Arti Kakkar (wife/complainant) verified the compromise, in person. They also stated before this Court that they are living together. Learned Counsel for the parties identified them.

4.

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 deserves to be allowed. The petition u/s 482 of Cr.P.C., is allowed. Proceedings of Criminal Case No. 6732 of 2008, State v. Shakti Kakkar and Ors., relating to offences punishable u/s 498A, 323, I.P.C and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Kotwali Nagar, pending in the court of Chief Judicial Magistrate, Haridwar, are quashed as against all accused. (Compounding Application No. 545 of 2010 stands disposed of).