- (1.) K. N. Sinha, J. Heard Sri Rajeev Goswami learned Counsel for the applicants, Sri Satish Kumar Tyagi learned Counsel for the opposite party No. 2 and learned A. G. A.
(2.) THE present application under Section 482 Cr. P. C. was moved for quashing of the proceedings in Case No. 5412 of 2004, State v. Santosh Tiwari and Ors. , arising out of case crime No. 639/2002 under Sections 498-A/323 IPC and Section 3/4 Dowry Prohibition Act police station Sihani Gate District Ghaziabad, pending in the Court of Judicial Magistrate (C. B. I.), Ghaziabad. The prosecution story as set up in the F. I. R. is that on 28-5- 2001, applicant No. 1 Santosh Tiwari was married with opposite party No. 2 Smt. Laxmi. On 26-8-2002, opposite party No. 2 lodged an F. I. R. for harassment and demand of dowry. On 6-9-2002, a charge-sheet was submitted against the applicants under Section 498-A/323 IPC and Section 3/4 Dowry Prohibition Act before the Chief Judicial Magistrate Ghaziabad and on 27-9-2002, cognizance was taken by the Magistrate. On 19-11-2003, applicant No. 1 filed a divorce petition. Thereafter opposite party No. 2 filed a case against applicant No. 1 and his family members under Section 406 IPC and also filed application under Section 125 Cr. P. C. for maintenance. During the pendency of the petition, the parties decided to settle their disputes by way of compromise deed filed before the Family Court Faridabad on 2-4-2005. Accordingly bank draft of Rs. 2,25,000/- was deposited by the applicant No. 1 in the Family Court. The Judge, Family Court Faridabad passed a judgment dated 2-4-2005 by which marriage was dissolved by way of mutual consent. Applicant No. 1 and opposite party No. 2 moved an application for compounding the case No. 289/2004 filed under Section 406 IPC pending in the Court of 1st Additional Civil Judge, Junior Division, Ghaziabad and on 30-4-2005 itself the said application was allowed by the Court concerned and proceedings of the said case were dropped.
(3.) ON 30-4-2005, a joint application was moved in case No. 26/2005 under Section 125 Cr. P. C. pending before the IInd Additional Civil Judge, Junior Division, Ghaziabad to drop the proceedings which is still pending before the said Court. On 30-4-2005, a joint application by the parties was also moved in case No. 5412/2004 under Sections 498-A/323 IPC and Section 3/4 Dowry Prohibition Act pending in the Court of Judicial Magistrate (C. B. I.) Ghaziabad which was rejected by order dated 30-4-2005 of the Court concerned as the offence under Section 498-A IPC and Section 3/4 Dowry Prohibition Act was non- compoundable.;