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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the proceedings of Criminal Case No. 136 of 2006, State v. Siddharth Bhadula and Ors., relating to offence punishable u/s 406 of I.P.C, police station Kotwali, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun.
Learned Counsel for the Petitioners submitted that the impugned criminal complaint has arisen out of matrimonial dispute between the Respondent No. 2 Manisha Bhadula and her husband Petitioner No. 3 Siddharth Bhadula. It is further pointed out that both of them have amicably settled the dispute outside the court and entered into compromise. Attention of this Court is drawn to order dated 01.02.2008, passed by Chief Judicial Magistrate, Dehradun, in Criminal Case No. 202 of 2008, State v. Siddharth Bhadula and Ors., relating to offences punishable u/s 323, 504, 506, 498-A of I.P.C., and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, whereby the Petitioners are already acquitted in said case, after compromise was entered into between the parties. Certified copy of said document is Annexure-8 to the petition. Certified copy of the compromise is annexed as Annexure-6 to the petition. Copy of statement of Respondent No. 2 Manisha Bhadula recorded in Criminal Case No. 202 of 2008, is also annexed as Annexure-7 to the petition, which further corroborates that she has entered into compromise in respect of offence punishable u/s 406 of I.P.C. No counter affidavit has been filed to dispute the aforesaid fact, even after sufficient service on Respondent No. 2.
In the above circumstances, in view of principle of law laid down in B.S. Joshi v. State of Haryana (2003) 4 Supreme Court Cases 675, the impugned criminal proceedings are liable to be quashed. Accordingly, the petition u/s 482 of Code of Criminal Procedure is allowed. The proceedings of Criminal Case No. 136 of 2006, State v. Siddharth Bhadula and Ors., relating to offence punishable u/s 406 of I.P.C., registered at police station Kotwali, pending in the court of Chief Judicial Magistrate, Dehradun, are hereby quashed. (Misc. Application No. 725 of 2011 also stands disposed of).