IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C 482 Criminal Misc. Application No. 310 of 2007 Sri Kavita Mehra Saigal and others. …..…Applicants. Versus State of Uttarakhand and another. …….Respondents. Hon’ble Alok Singh, J. Mr. Rakesh Munjal, Sr. Advocate assisted by Mr. Manish Goyal and Mr. Mohindra Singh Bisht, learned counsel for the applicants. Mr. G.S. Sandhu, learned Government Advocate for the State of Uttarakhand / respondent no. 1. Mr. Anil Dabral, learned counsel for the respondent no. 2. Misc. application no. 1194 of 2009 is moved by both the parties with a prayer to quash the impugned criminal proceedings. Both the parties stated that parties have settled their dispute amicably, hence, prosecution is not warranted. Mr. Naresh Talwar – respondent no. 2 is present in person in the court and is identified by Mr. Anil Dabral, Advocate. Mr. Naresh Talwar stated before me that Ms. Charu Talwar was his daughter, who expired on 13.07.2006 in Fortis Hospital, Noida. She died because of serious illness. He further stated that due to misunderstanding he has lodged an First Information Report against the petitioners. He further submitted that 2 death certificate (page no. 198 of paper book) contains cause of death. Mr. Anil Dabral, Advocate made statement that above death certificate is pertaining to Ms. Charu Talwar cause shown of her death is ulcerative colitis, ARF, severe anemia and hypertension. Mr. Anil Dabral, Advocate, further stated that all the disputes between the parties have been amicably settled. He further submitted that there would be no use to keep the impugned First Information Report and chargesheet alive. Ms. Charu Talwar expired due to serious illness and petitioners are not involved in any way in the matter. Mr. G.S. Sandhu, learned Government Advocate stated that as per the death certificate it can be said section 304 B IPC is not attracted. However, it is further stated that he is not admitting correctness and genuineness of the death certificate. Keeping in mind the statement made by Mr. Talwar and after perusing the death certificate I am of the view that Ms. Charu Talwar expired in Fortis Hospital, Noida. As per death certificate issued by Fortis Hospital, Noida her cause of death is ulcerative colitis, ARF, severe anemia and hypertension. In view of above, ingredient 304B IPC cannot be attracted. Petition is allowed. Proceedings of criminal case no. 630 of 2007 under section 304B IPC arising out of First Information Report No. 185 of 2006 P.S. – Khatima, District – Udham Singh Nagar is hereby quashed. 3 Misc. application no. 1194 of 2009 is disposed of accordingly. (Alok Singh, J.) 27.11.2009 SKS 4