IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 150 of 2011 Vicky Oberai S/o Sri Gulshan Oberai R/o Aman Vihar Mathurawala Road, P .S. Nehru Colony, Dehradun. ...…………. Petitioner Versus 1. State of Uttarakhand through Secretary Home, Civil Secretariat, Dehradun. 2. Sr. Superintendent of Police, Dehradun. 3. Station House Officer Police Station Rishikesh District Dehradun. 4. Smt. Neha Oberai W/o Vicky Oberai D/o Sri Satish Kumar Arora R/o 140 / 122, Tilak Road, Rishikesh, P.S. Rishikesh, District Dehradun. ...…………. Respondents Mr. S.K. Mandal, Advocate, present for the petitioner. Mrs. Mamta Bisht, Asstt. Govt. Advocate, present for the State. Mr. R.P. Nautiyal, Advocate, present for respondent No. 4 Neha Oberai. Hon’ble Prafulla C. Pant, J. Heard. 2 2) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of the first information report, registered as F.I.R. No. 78 of 2011, relating to offences punishable under Section of 323, 504, 506, 452, 498-A of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, at police station Rishikesh, District Dehradun. 3) Learned counsel for the petitioner prayed that the parties to the matrimony have entered into compromise, and the complainant does not want to prosecute the petitioner. 4) Petitioner Mr. Vicky Oberai and respondent No. 4 Mrs. Neha Oberai are present in person in the court, identified by their counsel. They verified the compromise filed with Compounding Application No. 7034 of 2011, which is part of joint affidavit, filed by the parties. 5) Having considered submissions of learned counsel for the parties, and after going through the affidavits of the parties, in view of the principle of law laid down in B.S. Joshi Vs. State of Haryana, (2003) 4 Supreme Court Cases 675, this writ petition deserves to be allowed. 3 6) The writ petition is allowed. The impugned first information report dated 21st of February 2011 (F.I.R. No. 78 of 2011), relating to offences punishable under Section of 323, 504, 506, 452, 498-A of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, police station Rishikesh, District Dehradun, is hereby quashed. (Compounding Application No. 7034 of 2011, CLMA No. 5697 of 2011 and CLMA No. 6938 of 2011 also stand disposed of). (Prafulla C. Pant, J.) Dt. July 13, 2011. H. Negi