Shamsher Ali v. State of Uttaranchal

W/o Sri Aameer Ahmad r/o Jeevangarh PS Vikasnagar, District Dehradun applicants Respondents. Hon’ble B.C. Kandpal, J This petition under Section 482 Cr.P.C. has been filed by the applicants for quashing charge sheet dated 14.9.2003 in case No. 3209 of 2003 State Vs Shamsher Ali etc, u/s 498 A, 323, 504 IPC and ¾ Dowry Prohibition Act. Opposite party No. 2 Ruhi Afza @ Ruhi Parveen w/o Shamsher Ali has put in appearance and has also filed affidavit. Respondents No. 2 Ruhi Afza has stated in the affidavit that on 10.1.2004 there was a compromise between the applicant Shamsher Ali and herself and the applicant has returned luggage of his wife (respondent No. 2) and now is no dispute between the husband and the wife at present. Both parties have filed compromise application before the court below which was verified by learned Magistrate concerned. The learned court below has sent the same this court for taking proper action. I have heard Sh.KS.Verma , learned counsel petitioner, learned AGA and perused the compromise deed as well as the affidavit filed by Ruhi Afza opposite party No. 2. The learned counsel the parties have invited my attention towards the decision of the Hon’ble Apex Court reported in (2003) 4 SCC 675 B.S.Joshi and others vs State of Haryana and another. After the perusal of the judgment passed by the Hon’ble Apex Curt as well as in the light of the compromise between both the parties, I think , It would be just and proper to quash the criminal proceedings pending before Magistrate 2nd, Dehradun. the court of Special Judicial Accordingly the petition under Section 482 Cr.P.C. disposed of light of compromise deed filed by both parties. The of Special Judicial Magistrate 2nd ,Dehradun in Case No. 3209/2003 State Vs proceedings pending before Shamsher Ali and others under Section 498A, 323, 504 IPC and ¾ Dowry Prohibition Act stands quashed and set aside. (B.C. Kandpal, J)

25.10.2005