IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 508/2009 (Compounding Appl. 1058/2010) Smt. Brij Bala & Ors. …….Petitioners Versus State of Uttarakhand & Anr. …….Respondents September 30, 2010 Hon’ble Dharam Veer, J. Heard Mr. Manish Arora, Advocate for the petitioners, Mr. MA Khan, Brief Holder for the State and Mr. SK Shandliya, Advocate holding brief of PK Kaushik, Advocate for the complainant/respondent no. 2. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioners have prayed for quashing the summoning order dated 9.4.2009 as well as the entire proceedings of Case No. 1952/2009 under Section 498-A, 323, 506 IPC and 3/4 Dowry Prohibition Act pending in the Court of Chief Judicial Magistrate, Haridwar. Facts, in brief, are that the respondent no. 2 lodged an FIR on 23.9.2008 with the averments that she was married to Manav Bhardwaj (petitioner no. 3) on 23.11.2005 and his father has given enough dowry in the marriage. But her in- laws were not satisfied with the dowry and they started harassing her for more dowry. They also beaten her and also grabbed her stridhan. In August, 2007 she was ousted from the house by her in-laws stating that if their demands would not be fulfilled, they would kill her. On the basis of this FIR, a case was registered against the petitioners and other co- accused. The I.O. after the investigation filed the chargesheet, on the basis of which learned Magistrate has taken the cognizance against the petitioner under the aforesaid sections and summoned the petitioners vide order date 9.4.2009. Parties have filed compounding application stating that they have entered into compromise and sought permission of this Court that their compromise may be accepted and 2 compounding application may be allowed as they are relatives and now they are living peacefully and the matter has been settled amicably between them and petitioner no. 4 shall pay Rs. 2,15,000/- to the complainant for her permanent maintenance and all other matrimonial disputes shall be withdrawn by the parties. Compounding application is duly supported by the affidavits of complainant/respondent no. 2 and her husband/petitioner no. 4 and duly verified by their respective Counsel. Reliance has been placed on the judgment delivered by the Hon’ble Apex Court in the case of B.S. Joshi & others Vs. State of Haryana & Another reported in (2003) 4 SCC P675. Reliance has also been placed on the judgment delivered by the Hon’ble Apex Court in the case of Ruchi Agarwal Vs. Amit Kumar Agarwal & others reported in 2005 SCC (Cri.) 719. In view of the facts and circumstances of the case and the legal proposition propounded by the Hon’ble Supreme Court in the aforesaid verdicts, the compounding application is allowed and the compromise entered into by the parties is accepted. Accordingly, the impugned summoning order dated 9.4.2009 as well as the entire proceedings of Case No. 1952/2009 under Section 498-A, 323, 506 IPC and 3/4 Dowry Prohibition Act pending in the Court of Chief Judicial Magistrate, Haridwar are hereby quashed. The petition is disposed of accordingly. Interim order dated 22.7.2009 stands vacated. (Dharam Veer, J.) 30.9.2010 PRABODH