LAWS(UTN)-2012-4-147

SHRI HARI OM KANSAL S/O LATE SHRI KASHI NATH, Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME, DEHRADUN,

Decided On April 30, 2012
Shri Hari Om Kansal S/O Late Shri Kashi Nath, Appellant
V/S
State Of Uttarakhand Through Secretary Home, Dehradun, Respondents

JUDGEMENT

(1.) HEARD . By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal case No. 2441 of 2010, State vs. Hari Om Kansal & others, relating to offences punishable under section 498A, 323, 504, 506 IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961, Police Station Kotwali Nagar, Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun.

(2.) LEARNED counsel for the parties state that parties to matrimony have settled their dispute amicably, and terms of settlement are part of the order dated 02.01.2012, passed by the Apex Court in Transfer Petition (C ) No. 1017 of 2011 (copy of which is annexed as Annex. 1 to the compounding application filed before this Court).

(3.) IN view of the principle of law laid down in B.S. Joshi vs. State of Haryana (2003) 4SCC page 675, read with order dated 02.01.2012, passed by the Apex Court in Transfer Petition (C ) No. 1017 of 2011, the petition under section 482 Cr.P.C., deserves to be allowed. Accordingly, the same is allowed. The proceedings of criminal case No. 2441 of 2010, State vs. Hari Om Kansal & others, relating to offences punishable under section 498A, 323, 504, 506 IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961, Police Station Kotwali Nagar, Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun, are hereby quashed. (Compounding application also stands disposed of).