GAURAV MISHRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard learned counsel for the parties on the applications and perused the record available.

(2.) This criminal petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the proceedings of Criminal Case No.2105 of 2008, State Vs. Gaurav Mishra & others, U/s 323/504/506/498-A IPC and 3/4 Dowry Prohibition Act, pending before Addl. CJM-II, Dehradun.

(3.) A compounding application No.842/2010 has been filed on behalf of the petitioner no.1 and complainant/ respondent no.2 along with which the respective affidavits of the parties have also been filed. In those affidavits, common averments have been made to the effect that the petitioner no.1-Gaurav Mishra and respondent no.2-Smt. Abha Mishra, who were the parties to the matrimony, have decided to settle their matrimonial disputes and, therefore, they entered into a compromise and now they are living happily together on their own volition. It is also stated by the respondent no.2 that she had entered into compromise with the petitioner no.1 and now she does not want to prosecute the petitioners in the above-said case pending before the court below. As such, it is prayed that the parties may be permitted to compound the case and the compounding/compromise application may be allowed and furthers proceedings in Criminal Case no.2105 of 2008, State Vs. Gaurav Mishra & others U/s 323/504/506/498-A IPC and 3/4 Prohibition Act, pending before the Addl. CJM-II, Dehradun, may be quashed in terms of the compromise arrived at between the parties.