IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 757 of 2010 1. Dr. Anurag Gurtu S/o Sri Mahendra Gurtu 2. Mahendra Gurtu S/o Late Sri B.K. Gurtu 3. Smt. Veena Gurtu W/o Sri Mahendra Gurtu … Applicants Versus State of Uttarakhand and another .. Respondents Mr. Bhupendra Singh Advocate for the applicants. Mr. S.S. Adhikari, A.G.A. for the State. Mr. T.S. Fartiyal, Advocate for responent No.2. (B.S. Verma, J.) By means of this application filed U/S 482 Cr.P.C. the applicants, who are accused in Criminal Case No. 1486 of 2009 U/Ss 498-A I.P.C. read with Section ¾ Dowry Prohibition Act, have prayed for quashing of the charge sheet and the entire proceedings of above Criminal Case No. 1486 of 2009, pending before C.J.M. Haridwar. According to the applicants, respondent No.2 Smt. Swati was married to applicant No.1 Dr. Anurag Gurtu and applicant Nos. 2 and 3 are her inlaws. The respondent No.2 lodged F.I.R. against the applicants U/S 498-A I.P.C. and Section ¾ Dowry Prohibition Act and the criminal case No. 1486 of 2009 is pending before C.J.M. Haridwar. The parties have arrived at compromise. All the applicants as well as respondent No.2 Smt. Swati Gurtu are present in court. They have accepted the compromise and filed in Court. According to the terms of compromise there has been one time settlement for Stridan and future maintenance and a sum of Rs. Ten lacs twenty five thousands have been deposed in the name of respondent No.2 in the Family Court at Bareilly U.P. where the joint petition of divorce between applicant No.1 and respondent No.2 U/S 13-B of Hindu Marriage Act is pending. It is also averred in the compromise that all cases pending between the parties have already been withdrawn and only Crimianl Case No. 1486/2009 is pending. The Hon’ble Apex Court in the case of B.S. Joshi & Ors. Versus State of Haryana & Anr. reported in 2003 (3) Supreme 227, has held that in matrimonial offences the High Court can quash non- compoundable criminal proceedings under Section 482 Cr.P.C. 2 irrespective of limitations U/S 320 Cr.P.C. Therefore, in view of the law laid down by Hon’ble Apex Court in above cited case of ‘B.S. Joshi’ and keeping in view the fact that both the parties have arrived at a amicable settlement of the disputes among them, the proceedings of Criminal Case No. 1486 of 2009, pending before C.J.M. Haridwar, are liable to be quashed. The Criminal Misc. Application is allowed. The proceedings of Criminal Case No. 1486 of 2009, pending in the Court of C.J.M. Haridwar, are hereby quashed. The compromise deed filed by parties, shall form part of this order. Dated: 09-12-2010 (B.S. Verma, J. ) ISB