Vishwachandra and Others vs Pratima and Another

Anand Byrareddy, J.—The petitioners are said to be the permanent residents of Dharwad and the case was registered against the first petitioner and six others for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The respondent 1 is the wife of the petitioner 1, who had filed a private complaint and a case is registered as Private Complaint No. 14 of 2012 before the II Additional Civil Judge and Judicial Magistrate First Class, II Court, Dharwad.

The first petitioner and the first respondent have now reconciled and seek to live together. However, the offences alleged are of such magnitude that, they are non-compoundable and hence, the present petition is filed. In the light of the dictum of the Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, , the present petition is allowed, as the respondent is present before the Court and does not raise any objection to the petition being allowed.

Consequently, the petition is allowed. The proceedings pending on the file of the II Additional Civil Judge and Judicial Magistrate First Class, II Court, Dharwad in Criminal Case No. 352 of 2013 are hereby quashed and the proceedings stand closed.