IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 858 of 2009 1. S.K. Bhadula S/o Sri Ishwari Dutt Bhadula 2. Smt. Nirmal Bhadula W/o Sri S.K. Bhadula 3. Siddharth Bhadula S/o S.K. Bhadula All R/o Flat No. 6, II Floor, River View Apartments, Dr. Birbal Sahani Road, Near Hanuman Temple, Lucknow (U.P.). Presently R/o 3 –B/2, Nemi Road, Dalanwala, Dehradun. ...…………. Petitioners Versus 1. State of Uttarakhand through S.S.P. Dehradun. 2. Smt. Manisha Bhadula D/o Sri S.L. Bijalwan R/o B / 264 –B, Defence Colony, Sector –4, Dehradun. District Dehradun. ...…………. Respondents Mr. S.S. Chauhan, Advocate, present for the petitioners. Mrs. Mamta Bisht, Asstt. Govt. Advocate, present for State. Hon’ble Prafulla C. Pant, J. Heard. 2) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the 2 petitioners have sought quashing of the proceedings of Criminal Case No. 136 of 2006, State Vs. Siddharth Bhadula and others, relating to offence punishable under Section 406 of I.P.C, police station Kotwali, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun. 3) Learned counsel for the petitioners submitted that the impugned criminal complaint has arisen out of matrimonial dispute between the respondent No. 2 Manisha Bhadula and her husband petitioner No. 3 Siddharth Bhadula. It is further pointed out that both of them have amicably settled the dispute outside the court and entered into compromise. Attention of this court is drawn to order dated 01.02.2008, passed by Chief Judicial Magistrate, Dehradun, in Criminal Case No. 202 of 2008, State Vs. Siddharth Bhadula and others, relating to offences punishable under Section 323, 504, 506, 498-A of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, whereby the petitioners are already acquitted in said case, after compromise was entered into between the parties. Certified copy of said document is Annexure –8 to the petition. Certified copy of the compromise is annexed as Annexure –6 to the petition. Copy of statement of respondent No. 2 Manisha Bhadula recorded in Criminal Case No. 202 of 2008, is also annexed as Annexure –7 to the petition, which further corroborates 3 that she has entered into compromise in respect of offence punishable under Section 406 of I.P.C. No counter affidavit has been filed to dispute the aforesaid fact, even after sufficient service on respondent No. 2. 4) In the above circumstances, in view of principle of law laid down in B.S. Joshi Vs. State of Haryana, (2003) 4 Supreme Court Cases 675, the impugned criminal proceedings are liable to be quashed. Accordingly, the petition under Section 482 of Cr.P.C. is allowed. The proceedings of Criminal Case No. 136 of 2006, State Vs. Siddharth Bhadula and others, relating to offence punishable under Section 406 of I.P.C., registered at police station Kotwali, pending in the court of Chief Judicial Magistrate, Dehradun, are hereby quashed. (Misc. Application No. 725 of 2011 also stands disposed of). (Prafulla C. Pant, J.) Dt. July 07, 2011. H. Negi