LAWS(UTN)-2011-6-113

VIJAY AND ORS. Vs. STATE OF UTTARAKHAND

Decided On June 29, 2011
Vijay And Ors. Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) BY means of this petition moved under Section 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure .) the Petitioners have sought quashing of the proceedings of criminal case No. 4536 of 2009, State v. Vijay and others, relating to offences punishable under Section 498A, 323, 504, 506 IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Dehradun.

(2.) LEARNED Counsel for the Petitioners, and learned Counsel for the Respondent No. 2 submitted before this Court that parties to matrimony have already entered into compromise. They are present in court and identified by their counsel.

(3.) IN view of the above development, and keeping in mind principle of law laid down in B.S. Joshi v. State of Haryana : (2003) 4 SCC 675, this petition deserves to be allowed. Accordingly, the petition under Section 482 Code of Criminal Procedure ., is allowed. The impugned criminal proceedings of criminal case No. 4536 of 2009, State v. Vijay and others, relating to offences punishable under Section 498A, 323, 504, 506 IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Dehradun, are hereby quashed. (Stay vacation application No. 1243 of 2010, and criminal miscellaneous application No. 678 of 2011, also stand disposed of)