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2010 DIGILAW 136 (UTT)

Monica Kaur Sabharwal v. State of Uttarakhand

2010-03-25

PRAFULLA C.PANT

body2010
Judgment Hon’ble Prafulla C. Pant, J. Heard learned Counsel for the parties. (2) This is an application No.1160 of 2009, moved on behalf of the petitioner stating that the matrimonial discord between Manjeet Singh (husband) and Monita Kaur (petitioner/complainant) have already being amicably settled, and they have entered into compromise. It is prayed by learned Counsel for the parties that in the circumstances, the proceedings of Criminal Case no 2710/2009 State vs. Ujjawal Singh and another relating to offences punishable under section 498A, 419, 420, 468, 469, 471, 506 I.P.C and one punishable under section ¾ of Dowry Prohibition Act, 1961, Police Station, Dalanwala, Dehradun pending in the Court of Chief Judicial Magistrate, Dehradun, be quashed. (3) Attention of this Court is also drawn to the order dated 18.03.2010, passed by this Court in Criminal Misc. application no. 818 of 2009, (arisen out of same crime no.98 of 2003) against different set of accused, whereby proceedings against them have already being quashed by this Court. (4) Having considered submissions of learned Counsel for the parties and after going through the papers on record, in view of principle law laid down in B.S.Joshi vs State of Haryana (2003) 4 S.C.C 675, this petition deserves to be allowed. (5) Accordingly this petition under section 482 of Cr.P.C is allowed. The proceedings of Criminal Case no. 2710/2009 State vs. Ujjawal Singh and another, relating to offences punishable under section 498A, 419, 420, 468, 469, 471, 506 I.P.C and one punishable under section ¾ of Dowry Prohibition Act, 1961, Police Station, Dalanwala, pending in the Court of Chief Judicial Magistrate, Dehradun, are hereby quashed (Urgency application 1104 of 2010 stands disposed of).