DUSHYANT THAKOR Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed by the applicants Dushyant Thakor, Smt. Kusum Thakor, Vaishaii Mittar and Mandir Mittar with a prayer to quash the proceedings of Criminal Case No. 18236 of 2006 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act pending in the court of learned C.J.M., Allahabad.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Neeraj Chug against the applicants at P.S. Civil Lines, District Allahabad in case Crime No. 231 of 2006 on 11.09.2006 at 3.10 p.m. alleging therein that first informant has performed marriage of his sister Vaishali with applicant NO.1 Dushyant Thakor on 23.04.2003, thereafter the demand of dowry was raised. To fulfill the demand of dowry the sister of the first informant was subjected to cruelty. The matter was investigated by the I.O. who submitted the charge sheet on 27.11.2006 in the court of learned C.J.M. Allahabad who took the cognizance and summoned the applicants to face the trial on 21.12.2006. Subsequently, the matter was settled between the parties, they entered into a compromise and both the husband and wife decided, to live separately. On the basis of the compromise the present application has been filed to quash the proceedings pending in the court of learned C.J.M., Allahabad vide Criminal Case No. 18236 of 2006 arising out of charge sheet submitted by the I.O. in case Crime No. 231 of 2006 under Sections 498A, 323, 504, 506 I.P.C., P.S. Civil Lines, District Allahabad.

(3.) IT is contended by learned counsel for the applicant that in the present case Smt. Nidhi Thakor the sister of O.P. No.2 has entered into a compromise with her husband Dushyant Thakor, the applicant No.1 and they have decided to live separately. In terms of the compromise a maintenance case No. 501 of 2006 under Section 125 Cr.P.C. filed by Smt. Nidhi Thakor has been decided. In terms of the compromise a draft of Rs. 7 Lacs having No. 489844 issued by Punjab National Bank has been handed over to Smt. Nidhi Thakor by applicant No. 1 Dushyant Thakor. Smt. Nidhi Thakor has also appeared before this Court and she stated that she does not want to prosecute the applicants because she has entered into a compromise. In such circumstances the proceedings arising out of charge sheet dated 27.11.2006 under Sections 498A, 323, 504, 506 I.P.C. pending in the court of learned C.J.M., Allahabad shall not serve any purpose because the witnesses shall not support the prosecution story, the result of the proceedings shall be the acquittal of the applicants. In such circumstances to meet the ends of justice, the proceedings pending against the applicants may be quashed.