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2011 DIGILAW 644 (UTT)

KARUN GOSWAMY v. STATE OF UTTARAKHAND AND VIJENDRA GIRI

2011-10-19

PRAFULLA C.PANT

body2011
JUDGMENT : Prafulla C. Pant, J. Heard. 2. By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 154 of 2011, State vs. Karun Goswami and others, relating to offences punishable u/s 323, 504, 506 and 498A I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Kotwali Roorkee, District Hardwar, pending in the court of Judicial Magistrate, Roorkee. 3. A Compounding Application has been filed before this court on behalf of the petitioners and complainant. The application is supported by affidavit. 4. Mr. Karun Goswami, (petitioner no.1) identified by his counsel Shri Rajendra Singh, Advocate, and Preety (daughter of respondent no.2/complainant) identified by her counsel Shri Ajay Veer Pundir are present in court. They verified the compromise and stated before this court that they are ready to live together peacefully in terms of compromise. 5. In the above circumstances, in view of principle of law laid down in B.S. Joshi and Others Vs. State of Haryana and Another, (2003) 4 SCC 675 , this petition deserves to be allowed. 6. Accordingly, the petition u/s 482 of Cr.P.C., is allowed. The proceedings of Criminal Case No. 154 of 2011, State vs. Karun Goswami and others, relating to offences punishable u/s 323, 504, 506 and 498A I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, Police Station Kotwali Roorkee, District Hardwar, pending in the court of Judicial Magistrate, Roorkee, are hereby quashed. (Stay Vacation Application No. 243 of 2011, Misc. Application No. 3891 of 2011, Urgency Application No. 3884 of 2011 and Compounding Application also stand hereby disposed of).