AI Structured Summary
Not yet generated for this judgment
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. 122 of 2008 State v. Satish Kaliyar and Ors. relating to offences punishable u/s 498A, 323, 504, 506 I.P.C and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Haldwani.
Notices were issued to the complainant in this case which was served personally on her, but no counter affidavit has been filed in the case on behalf of respondents, nor any one turned up to contradict the allegations in the petition.
A Criminal Misc. Application No. 2037 of 2010 moved on behalf of the petitioners, praying that the petition u/s 482 of Cr.P.C., be disposed of as the parties to the matrimony have already entered into compromise. With the said application copy of order dated 18th of September 2009 passed by the Apex court in Transfer Petition (Civil) No. 249 of 2008 is annexed, where in the Apex court has passed following order:
Heard the learned Counsel.
Learned Counsel appearing on behalf of the respondent has stated in the reply petition that the parties have settled the dispute outside the court. In view of this, we are of the view that this petition has become infructuous and the same is, accordingly, disposed of
In view of the settlement between the parties to matrimony, and keeping in mind the principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, page 675 this petition deserves to be allowed.
The petition u/s 482 of Cr.P.C. is allowed. The proceedings of Criminal Case No. 122 of 2008 State v. Satish Kaliyar and Ors. relating to offences punishable u/s 498A, 323, 504, 506 I.P.C., and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Haldwani, are hereby quashed. (Criminal Misc. Application No. 2037 of 2010 also stands disposed of).