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2018 DIGILAW 456 (UTT)

DHARAM DEEP DHAKAL v. STATE OF UTTARAKHAND

2018-09-24

LOK PAL SINGH

body2018
JUDGMENT Hon'ble Lok Pal Singh, J. (Oral) Smt. Dipika Kshetri, Respondent No.3 is present, in person, duly identified by Mr. Vikas Bahuguna, Advocate. 2. Criminal writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the FIR dated 14.06.2015 registered as Case Crime No. 94 of 2015, under Sections 323, 504 & 498A of IPC and Sections ¾ of Dowry Prohibition Act, P.S. Raipur, District Dehradun. 3. The present petition has been filed for quashing the FIR through his mother and Power of Attorney holder. Misc. Application No.8580 of 2018 as well as Misc. Application No.7876 of 2018 have been filed by the Respondent No.3 duly supported by affidavits of Smt. Dipika Kshetri. In the said affidavits it has been stated that on the basis of mutual consent decree of divorce has been passed by Judge, Family Court, Dehradun. 4. It is further stated that since the parties were already living separately and respondent No.3, who is present, in person, does not wish to prosecute the petitioner as well as his family members/other accused persons, therefore, the FIR lodged against the petitioner and other accused persons be quashed. 5. Having considered the submissions of learned Counsel for the parties and after perusal of material available on record also the misc. applications filed by the complainant/respondent No.3, since the complainant/respondent No.3 does not wish to prosecute the petitioner and other accused persons anymore, proceeding against them would be a futile exercise. 6. In view of the above, FIR dated 14.06.2015 registered as Case Crime No. 94 of 2015, under Sections 323, 504 & 498A of IPC and Sections 3/4 of Dowry Prohibition Act is hereby quashed. 7. Accordingly, writ petition as well as Misc. Application (IA) No. 7876 of 2018 & Misc. Application (CLMA) 8580 of 2018 stand disposed of.