RAVI MOHAN JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present Applications under Section 482 Cr.P.C., the applicants seek to quash the charge -sheet, cognizance order dated 01.10.2008 as well as the entire proceedings of Criminal Case No. 1641 of 2012 (old no. 2417 of 2008), captioned as State vs. Ravi Mohan Joshi and others, under Sections 498 -A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, pending in the Court of Judicial Magistrate/2nd Additional Civil Judge (JD), Dehradun.

(2.) WHEREAS Ravi Mohan Joshi (applicant in C -482 Petition no. 289 of 2015) is the husband of respondent no.2 Smt. Sunita Joshi (wife), the other applicants (in C -482 Petition No. 243 of 2013) are relatives of Ravi Mohan Joshi. It is a matrimonial dispute, in which, according to the learned counsel for the applicants, the dispute has been amicably settled. Probably because of this reason, none has appeared for the private respondent. Mr. H. S. Rawal, learned AGA, assisted by Mr. K. S. Rawal, Brief Holder, are, however, present for the respondent -State.

(3.) DOCUMENTS have been offered to show that Smt. Sunita (wife) and Ravi Mohan Joshi (husband) have settled their disputes amicably. A compromise application in Criminal Case No. 10085 of 2009 was filed before the Court of Judicial Magistrate, Dehradun, on 22.03.2010. In the said application, both Smt. Sunita and Ravi Mohan Joshi were the signatories. Inder Singh, Sarita Devi and Smt. Seema Joshi were also the signatories to such settlement deed. In para 5 of such compromise application, it was written that the proceedings under Section 498A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act initiated by the victim will be got dismissed on the basis of this settlement deed. The settlement -deed was got verified before the Magistrate concerned on 22.03.2010 i.e. on the selfsame date. The order dated 30.04.2010 passed by learned Principal Judge, Family Court, Dehradun indicates that the decree of dissolution of the marriage was passed on the basis of mutual settlement between the parties.