NEERAJ GUPTA & ORS Vs. STATE OF UTTARAKHAND & ANR
LAWS(SC)-2019-1-338
SUPREME COURT OF INDIA
Decided on January 18,2019

Neeraj Gupta And Ors Appellant
VERSUS
State Of Uttarakhand And Anr Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Against the order of conviction under Sections 498A and 323 of the Indian Penal Code 1860 ("Penal Code") with Sections 3 and 4 of the Dowry Prohibition Act 1961 by the Chief Judicial Magistrate, Haridwar on 9 March 2016, a Criminal Appeal was filed by the appellants. The appellants have been released on bail. The appellants are respectively the husband, father-in-law and mother-in-law of the second respondent. In the meantime, on 18 December 2017, the Family Court at Haridwar decreed Original Suit No. 283 of 2017 under Section 13(B) of the Hindu Marriage Act 1955 on the basis of a settlement between the parties. A petition was filed under Section 482 of the Code of Criminal Procedure 1973 together with an application for compounding. The High Court dismissed the petition by its judgment and order dated 29 June 2018.
(3.) The case of the appellants in these proceedings is that the charges under Sections 3 and 4 of the Dowry Prohibition Act 1961 are compoundable and the charges under Sections 498A & 323 of the Penal Code are compoundable with the permission of the Court.;


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