Mr. K.C. Tiwari, Advocate present v. Balwant Singh & Ors.
Case at a glance
Provisions considered
Judgment
Mr. K.C. Tiwari, Advocate present for petitioner. Mr. M.A. Khan, Brief Holder present for the State. Mr. Lokendra Dobhal. Advocate present for the complainant/ respondent No.2. Heard. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 680 of 2009, State Vs. Balwant Singh and others, relating to offences punishable under Section ¾ of the Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Almora. Learned Counsel for the petitioners, and learned counsel for the complainant pleaded that parties to the matrimony have entered into compromise. They further submitted that now the complainant does not want to prosecute the petitioners. Respondent No. 2 Mamta Bisht, complainant, is present in person in the Court. She is identified by her counsel. She verified the factum of compromise and pleaded that the prosecution against the petitioners may be dropped. In the above circumstances, in view of the principle of law laid down in B.S. Joshi Vs. State of Haryana (2003) 4 Supreme Court Cases 675, this petition deserves to be allowed. The petitioner under Section 482 of Cr. P.C. is allowed. The proceedings of Criminal Case No. 680 of 2009, State Vs. Balwat Singh and others, relating to offences punishable under Section 498-A, 323, 504 of I.P.C., and one punishable under Section ¾ of the Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Almora, are hereby quashed. (Compounding Application No. 587 of 2010 also stands disposed of). (Prafulla C.Pant,J.)
16.06.2010
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