IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WITHDRAWAL APPLICATION NO.1058/2008 IN CRIMINAL APPEAL NO.267/2003 Smt. Rajni Devi, W/o Budhhi Singh, D/o Sabbal Singh, Village- Shyampur, P/s Rishikesh, District – Dehradun. ……… Appellant Versus 1. State of Uttaranchal. 2. Budhhi Singh, S/o Ummed Singh, 3. Ummed Singh, S/o Jabar Singh, 4. Ram Pyari, W/o Ummed Singh, All R/o Village – Shyampur, Bhatta Colony, P/o Rishikesh, District – Dehradun. …... Respondents Dated: December 17, 2008 Sri B.N. Molakhi, learned counsel for the appellant. Sri Prabhakar Joshi, learned brief holder for the respondent no.1 Sri Lokendra Dobhal, learned counsel for respondent no.2 and 3. HON. DHARAM VEER, J. This criminal appeal, preferred under section 378(4) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) against the judgment and order dated 14-8-2003 passed by Special Judicial Magistrate, Rishikesh in Criminal Misc. Case No. 564/2003 Smt. Rajni Devi Vs. Budhhi Singh and others, by which the learned Special Judicial Magistrate has acquitted the respondents-Buddhi Singh, Ummed Singh and Smt. Ram Pyari from the offences punishable under Sections 406, 504, 506 The Indian Penal Code 1860 (hereinafter to be referred as I.P.C.). 2. The appellant-Smt. Rajni Devi has moved the present withdrawal application No.1058/2008 along with 2 the affidavit with a prayer that the appeal may be dismissed as withdrawn. 3. I have perused the judgment and order dated 14-8-2003 passed by Special Judicial Magistrate, Rishikesh and also perused the application along with the affidavit and perused the entire material available on records. 4. Learned counsel for the appellant has filed a certified copy of the petition filed by Budhhi Singh- respondent no. 2 and Smt. Rajni Devi-appellant U/s 13-B of the Hindu Marriage Act, 1955 before the Additional Family Judge Court, Rishikesh. In para no.7 of the said petition, both the parties have stated that the matter has been settled for the permanent maintenance. It has been agreed between the parties that the respondent no.2- Budhhi Singh will pay Rs.60,000/- to the appellant-Rajni Devi, out of which he will pay Rs.10,000/- in cash and Rs.50,000/- by way of draft. 5. In para 9 of the said application, it has been averted that appellant-Rajni Devi has received the items, articles and ornaments from respondent no.2-Budhhi Singh and nothing is remained either in the possession of respondent no.2-Budhhi Singh and or with Rajni Devi. Divorce petition was filed before the Additional Judge, Family Court for the dissolution of the marriage on the basis of the mutual consent. 6 From a perusal of the said affidavit filed by Smt.Rajni Devi before this Court and after perusing the judgment and order passed by the Trial Court, now there is no evidence against the respondent Nos. 2, 3 and 4 for proving the charge of criminal breach of trust or insult 3 with intent to provoke breach of peace and criminal intimidation. The judgment and order passed by learned Special Judicial Magistrate is correct and justified on the basis of the evidence discussed in the judgment. 7. Learned counsel for the appellant has further submitted as the parties entered into compromise and on the basis of the mutual consent, they had filed a suit U/s 13-B of the Hindu Marriage Act for dissolution of the marriage. Hence, he submitted that he does not want to press the appeal and prayed that the appeal may be dismissed. 8. Sri Lokendra Dobhal, learned counsel for the respondents has also submitted that on the basis of the above facts and circumstances, the appeal may be dismissed. He also placed reliance in the judgment of Hon’ble Supreme Court in the case of “B.S. Joshi and ors. Vs. State of Haryana and another, JT 2003 (3) SC 277”. 9. In view of the facts and circumstances as stated above, the appeal is dismissed. The application No. 1058 of 2008 is disposed of accordingly. (Dharam Veer, J.) 17.12.2008 Bhaskar