SUNIL SHARMA, S/O RISHIPAL SHARMA AND ORS Vs. STATE OF UTTARAKHAND AND ORS
LAWS(UTN)-2012-8-82
HIGH COURT OF UTTARAKHAND
Decided on August 06,2012

Sunil Sharma, S/O Rishipal Sharma And Ors Appellant
VERSUS
State of Uttarakhand and Ors Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under Section 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Case No. 865 of 2005, State Vs. Sunil Kumar Sharma & others, relating to offences punishable under Section 498A, 323, 506 of I.P.C., Police Station Rishikesh, District Dehradun.
(3.) Learned counsel for the petitioners submitted that the parties to matrimony namely petitioner No.1 Sunil Sharma and respondent No.2 Smt. Kajal have entered in to compromise, as such, the respondent No.2 does not want to prosecute the petitioners. Attention of this Court is drawn to the copy of the statement of PW-1 Kajal Sharma recorded by the trial court (Judicial Magistrate, Rishikesh) in impugned Criminal Case No. 865 of 2005, copy of which is annexed as annexure No.4 to the petition. Said document shows that the witness has stated in the cross examination that her marriage with the petitioner No.1 Sunil Sharma has already been dissolved and now she is not inclined to prosecute him and the other accused in the case. It is also stated by her that she had entered into compromise with the petitioner no.1 and other accused. She further told in her statement on oath before the trial court that she has already been got remarried with one Shekhar Khosla. The original record of the criminal case, which was summoned by this Court in Criminal Revision No. 31 of 2008, contains original statement of PW1 Smt. Kajal and cross examination of said witness recorded on 10.02.2010, by the Civil Judge (Junior Division)/Judicial Magistrate, Rishikesh.;


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