Suresh Kumar and Naresh Kumar both vs State of Uttarakhand and Smt. Tanushree

Prafulla C. Pant, J.—By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the Petitioners have sought quashing of the proceedings of Criminal Case No. 569 of 2010, relating to offences punishable u/s 498A, 506 I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, police station Laksar, pending in the court of Judicial Magistrate, Laksar.

Learned Counsel for the parties state that the parties to the matrimony have entered into compromise and now the complainant (Respondent No. 2 Tanushree) does not want to prosecute the Petitioners. They have jointly moved a Criminal Miscellaneous Application No. 1030 of 2010, through their counsel to quash the proceedings of the aforesaid case and for release of the goods attached u/s 82/83 of Code of Criminal Procedure

Both Petitioners Suresh Kumar and Naresh Kumar are present in person. Respondent No. 2 Smt Tanushree is also present in person. She verified the fact relating to compromise and stated that she is peacefully living with her husband Suresh Kumar.

In the above circumstance, in view of theprinciple of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, , the petition u/s 482 Code of Criminal Procedure, is allowed. Impugned proceedings of Criminal Case No. 569 of 2010 State v. Suresh Kumar and Ors. relating to offences punishable u/s 498A, 506 I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, police station Laksar, pending in the court of Judicial Magistrate, Laksar, are hereby quashed. Also it is directed that the attached property u/s 82/83 of Code of Criminal Procedure, be released in favour of the Petitioners (Criminal Misc. Compromise Application No. 1030 of 2010 also stands disposed of).