LAWS(UTN)-2010-6-139

ASHISH NAUTIYAL Vs. STATE OF UTTARANCHAL

Decided On June 03, 2010
ASHISH NAUTIYAL S/O SHRI GIRISH NAUTIYAL Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) The petitioner has filed a supplementary affidavit today stating that parties to matrimony have already entered into compromise on the basis of which decree of divorce has been granted in the year 2006, during pendency of this petition. Copy of the compromise filed with the supplementary affidavit shows that the complainant/respondent no.2 has stated that she does not want to prosecute the petitioner. Para-1 of the compromise, certified copy of which is annexed with the supplementary affidavit reads as under:- ...(Other Language Omited)...

(2.) In the other paras of the compromise there is mention of seeking jointly divorce under section 13B of Hindu Marriage Act, 1955, and also relating to payment of Rs. 5,50,000/- as permanent alimony /stridhan to the present respondent no.2.

(3.) In view of the above development, this petition under section 482 of Cr.P.C is allowed and the proceedings of Criminal Case No. 254 of 2006, State vs. Ashish Nautiyal, relating to offences punishable under section 498A, 323, 504, 506, 406, I.P.C read with under section of Dowry Prohibition Act, 1961, Police Station, Dalanwala, pending in the court of Chief Judicial Magistrate, Dehradun are hereby quashed.