LAWS(UTN)-2014-6-50

TASLIM Vs. STATE OF UTTARAKHAND

Decided On June 05, 2014
Taslim Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the judgment and order dated 03.12.2011, passed by Chief Judicial Magistrate, Haridwar as well as the entire proceedings of Criminal Case No. 1631 of 2007, captioned as State vs. Taslim and others, under Sections 498 -A of IPC and 3/4 of the Dowry Prohibition Act, pending in the Court of 3rd Additional Sessions Judge, Haridwar.

(2.) ACCUSED -applicants were convicted of the offences punishable under Section 498 -A of IPC, Section 3/4 of the Dowry Prohibition Act and were sentenced appropriately, vide judgment and order dated 03.12.2011 passed by learned Chief Judicial Magistrate, Haridwar. Aggrieved against the same, the convicts preferred a criminal appeal, which is pending disposal in the Court of Sessions Judge, Haridwar.

(3.) A Compounding Application is filed on behalf of the parties to indicate that they have buried their differences and have settled their disputes amicably. An affidavit is filed by applicant no. 1 to affirm the same. Respondent no.2 ( victim ) has also filed an affidavit saying that she is not interested in prosecuting the applicants, inasmuch as, matrimonial dispute between the parties has been settled amicably with the intervention of other family members. In para no. 5 of her affidavit, she says that she wants to withdraw all the cases filed by her against the applicants. In para 6, it is stated by her that she is pregnant and therefore, she is not able to appear in the Court in person. She is represented by her counsel Mr. Sandeep Sharma, who says that respondent no. 2 has compounded the offences complained of against the applicants and she is no more interested in prosecuting the applicants. A prayer is, therefore, made on behalf of the respondent no. 2 to permit her to compound the offences alleged against the applicants.