LAWS(UTN)-2017-5-8

SARVAJEET SINGH KALRA Vs. STATE OF UTTARAKHAND

Decided On May 01, 2017
Sarvajeet Singh Kalra Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioners for quashing the F.I.R. No. 440 of 2016 dated 29.08.2016, under Sec. 323, 504, 506, 498-A I.P.C. and 3/4 of Dowry Prohibition Act, registered at Police Station Rudrapur, Udham Singh Nagar. Along with this writ petition, joint compounding application has also been filed by the petitioners and respondent no. 3. In support of compounding application, affidavits have been filed by Mr. Sarvajeet Singh Kalra (petitioner no. 1) and Mrs. Sandeep Kaur (respondent no.3). It is submitted by the learned counsel for the parties that the parties have entered into the compromise and the matter has been amicably settled between them and the respondent no. 3 does not want to press her case filed against the petitioners. It is prayed that the offences punishable under Section 323, 504, 506, 498-A I.P.C. and 3/4 of Dowry Prohibiton Act, arising out of F.I.R. No. 440 of 2016, may be compounded and the entire proceedings of F.I.R. No. 440 of 2016 dated 29.08.2016, under Sec. 323, 504, 506, 498-A I.P.C. and 3/4 of Dowry Prohibition Act, registered at Police Station Rudrapur, Udham Singh Nagar, may be quashed.

(2.) Parties are present in the Court today and they are duly identified by their respective counsel.

(3.) In view of the principle of law laid down by Honourable the Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral Vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.