IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. App. No. 03 of 2009 1. Gurmit Singh S/o Gurbakhs Singh 2. Gurbaks Singh S/o Mel Singh 3. Shwran Kaur W/o Gurbakhs Singh 4. Amit Singh S/o Gurbakhs Singh 5. Km. Teena D/o Gurbakhs Singh All residents of 5/L 71 N.I.T. Faridabad Haryana. …….....Applicants. Versus 1. State of Uttarakhand through Secretary Home, Dehradun. 2. Harmeet Kaur W/o Gurmeet Singh D/o Tej Singh R/o 198-A, Avas Vikas Colony Bhotia Parao, Haldwani District Nainital. ……….Respondents. Shri S.C. Bhatt, Advocate for the applicants. Shri Amit Bhatt, Addl. G.A. for respondent No. 1. Shri C.K. Sharma, Advocate for respondent No. 2. Hon’ble Prafulla C. Pant, J. Heard Shri S.C. Bhatt, learned counsel for the petitioners/applicants, Shri Amit Bhatt, learned Additional Government Advocate, for respondent No. 1 and Shri C.K. Sharma, learned counsel for respondent No. 2. 2. By means of this petition, moved under Section 482 Cr.P.C., the petitioners have sought quashing of the charge sheet relating to criminal 2 case No. 3356 of 2008, State Vs. Gurmeet Singh and others, relating to offences punishable under Section 498 A, 504, 506 I.P.C. pending in the court of Additional Chief Judicial Magistrate, Haldwani. 3. Brief facts of the case are that respondent No. 2-Harmeet Kaur (complainant) got married to Gurmeet Singh (respondent No. 1) in the year 2005. It appears that after their marriage, there was matrimonial discord between the parties and complainant (respondent No. 2), lodged First Information Report, which is registered at serial number 178 of 2008, against the petitioners, relating to offences punishable under Sections 498 A, 504, 506 I.P.C. and one punishable under Section ¾ Dowry Prohibition Act, 1961, with police station Haldwani, District Nainital. After investigation, the police appears to have submitted the charge sheet. 4. However, after the charge sheet was filed, the parties to the matrimony, have entered into compromise. Hence this petition for quashing the proceedings of the criminal case. Learned counsel for the parties drew attention of this Court to the principle of law laid down in B.S. Joshi and others Vs. State of Haryana (2003) 4 S.C.C. Pg. 675, and submitted that to save matrimony between the complainant (respondent No. 2) and the petitioner Gurmeet Singh (accused), the 3 proceedings arising out of the First Information Report, mentioned above, should be quashed. 5. The parties namely Gurmeet Singh and Harmeet Kaur, are present in person before this Court with their counsel and have moved a compromise application today. They state that their compromise application be accepted and proceedings before the trial court be quashed. 6. In view of the principle of law laid down in B.S. Joshi (Supra) the prayer made on behalf of the petitioners deserves to be accepted particularly in view of the consent given by respondent No. 2 (complainant) in the matter. Therefore, the petition under Section 482 Cr.P.C. is allowed and the proceedings relating to charge sheet, which is registered as criminal case No. 3356 of 2008, State Vs. Gurmeet Singh and others, relating to offences punishable under Sections 498 A, 504, 506 I.P.C., against all petitioners, pending in the court of Additional Chief Judicial Magistrate, Haldwani, are hereby quashed. 7. Petition stands allowed accordingly. (Prafulla C. Pant, J.) Dt. 06.01.2009 Sweta 4 5 6