Home > Under Mutual Agreement > UTTARAKHAND HC-IPC 498A Quashed-Mutual Compromise-Complainant(Wife)living with Accused(husband) now

UTTARAKHAND HC-IPC 498A Quashed-Mutual Compromise-Complainant(Wife)living with Accused(husband) now

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Compounding Application No.1209 of 2010 In

Criminal Misc. Application No.1021 of 2010 (U/s 482 of Cr.P.C.)

Nitin Gupta

Applicant

Versus

State of Uttarakhand and another

Respondents

Dated: October 26, 2010

HON. DHARAM VEER, J.

Heard Mr. Amish Tiwari, Advocate holding brief of Mr. A. Rab, Advocate for the applicant, Mr. M.A. Khan, Brief Holder for the State and Mr. G.K. Verma, Advocate for respondent no.2.

By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the applicant has sought quashing of charge sheet submitted in Crime No.119/10 under Sections 323, 406 and 498-A of The Indian Penal Code, 1860 (for short, IPC) and 3/4 of Dowry Prohibition Act, 1961 (for short, the Act) and also prayed for quashing of proceedings of Case No.5224/2010, State v. Nitin Gupta, pending in the court of A.C.J.M., Ist, Dehradun.

Today both the parties are present in person before the Court. They have also filed a compounding application no.1209 of 2010 along with which a joint affidavit of the applicant Nitin Gupta and respondent no.2/complainant Priyanka Gupta has been annexed. In the application, it is stated that the applicant and respondent no.2 has entered into a compromise and they are living together peacefully as husband and wife and now no grudge is remained pertaining to the same dispute. Now, learned counsel appearing for both 2

the parties jointly submitted that the instant petition may be disposed of in terms of the compromise arrived at in between the parties and the impugned charge sheet and the proceedings pending before the court below may be quashed.

Reliance has been placed on the judgment delivered by the Hon’ble Apex Court in case of B.S. Joshi & others v. State of Haryana & Another reported in (2003) 4 SCC P675 and further in the case of Ruchi Agarwal v. Amit Kumar Agarwal & others reported in 2005 SCC (Cri.) 719.

Keeping in view the enunciation of law as referred to above and applying the same to the facts and circumstances of the present case, once the matter has been compromised between the parties, no useful purpose will be served by proceeding with the prosecution. Therefore, the compounding application is allowed and impugned charge sheet filed in Crime No.119/2010, under Sections 323, 406 and 498A IPC and 3/4 of the Act as well as the entire proceedings of Case No.5224/2010, State v. Nitin Gupta, pending in the court of Addl. C.J.M., Ist, Dehadun, are hereby quashed.

The petition u/s 482 Cr.P.C. is disposed of accordingly.

(Dharam Veer, J.)

26.10.2010

 

 

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