High CourtsSingle Bench(2011) 12 UK CK 0026

Smt. Nanhi, Mustakeem and Shahnawaj vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 19 December 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application (C482) No. 980 of 2010

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Judgment

7 paragraphs · 265 words

Prafulla C. Pant, J.—This petition is taken up today at the joint request of the learned counsel for the parties.

Heard.

2.

By means of this petition, moved u/s 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Case No. 279 of 2010, State Vs. Naseem Ahmad and others, relating to offences punishable u/s 498A, 323, 504 of I.P.C., and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station-Kotdwar, pending in the court of Additional Chief Judicial Magistrate, Kotdwar.

3.

Learned counsel for the parties state that parties to matrimony have entered into the compromise. The compounding application supported by an affidavit has been filed.

4.

Smt. Tabasum Parveen and Sh. Naseem Ahmad both identified by their counsel are present in the Court today. They verified the fact that they have entered into the compromise. Respondent No. 2 Tabasum Parveen stated before this Court that she does not want to prosecute her husband and the petitioners, after her compromise with her husband.

5.

In the above circumstances, in view of the Principle laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , the petition deserves to be allowed.

6.

Therefore, the petition u/s 482 of Cr.P.C., is allowed, proceedings of Criminal Case No. 279 of 2010, State Vs. Naseem Ahmad and others, relating to offences punishable u/s 498A, 323, 504 of I.P.C., and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station-Kotdwar, pending in the court of Additional Chief Judicial Magistrate, Kotdwar, are hereby quashed as against all the accused. (Compounding Application stands disposed of).