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DURGESH & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Durgesh & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. - 11301 of 2007 [2007] RD-AH 14907 (3 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Crl.Misc. Application no. 11301 of 2007

Durgesh and others. . . . . . . . . . . . . . . .. . . . . . . . .Applicants.

Versus

State of U.P. and another .. . . . . . . . . . . . . . . . . . . . Opp.Parties.

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Hon'ble R.K. Rastogi,J.

This is an application under section 482 Cr.P.C. to quash the proceedings of Criminal Case no. 277 of 2007 ( State Vs. Durgesh and others) under sections 498-A, 323, I.P.C. and ??, Dowry Prohibition Act relating to police station Kotwali Dehat district Bulandshahr pending in the court of the Civil Judge ( Junior Division )/Judicial Magistrate-Ist, Bulandshahr.

Heard learned counsel for the applicants and learned A.G.A. for the State.

In this case compromise has already taken place between the parties and so an order was passed by the Court on 22.5.2007 directing the parties to appear before the concerned court of Magistrate. It was further directed that the Magistrate shall record statement of Smt. Manju Rani O.P. no.2 and applicant no.1 Durgesh and the same be sent to this Court. In compliance of the order of this Court dated 22.5.2007 passed in this case, a report has been received from the trial court in which it has been stated that compromise has been arrived at between applicant no.1 Durgesh and his wife, Smt. Manju Rani O.P. no. 2. The Presiding Officer of the court concerned recorded the statements of Smt. Manju Rani as well as Durgesh applicant no.1. Certified photostat copies of those statements have also been sent alongwith his report to this Court.

The offences under section 498-A, I.P.C. and ??, Dowry Prohibition Act are not compoundable but in view of the ruling of Hon'ble Supreme Court in 'B.S. Joshi and others Vs. State of Haryana and another' reported in 2003 (46) ACC 779, when husband and wife have come to terms, it is in the interest of the society that they should be permitted to compound the case so that they may be able to lead happy married life.

The charges in the present case are also similar to that of the aforesaid case. Both, the husband and wife have settled their disputes amicably, so in case permission to compound the offences is refused on technical ground that the offences under sections 498-A, I.P.C. and 3/4, Dowry Prohibition Act are not compoundable, it will be against the interest of the complainant who had lodged the report. Thus, in view of the above ruling of the Hon'ble Supreme Court I am of the view that permission should be granted to the parties to compound the offences under sections 498-A I.P.C. and ??, Dowry Prohibition Act also.

Therefore, the application under section 482 Cr.P.C. is allowed and since permission is being granted by the Court to the parties to compound the offences under sections 498-A I.P.C. and ??, Dowry Prohibition Act, the entire dispute stands settled between the parties in view of the compromise filed by them. So the proceedings of the Criminal Case no. 277 of 2007, State Vs. Durgesh and others under sections 498-A, 323, I.P.C. and ??, Dowry Prohibition Act relating to police station Kotwali Dehat district Bulandshahr pending in the court of the Civil Judge (Junior Division)./Judicial Magistrate -Ist, Bulandshahr are hereby quashed.

Dated:3.9.2007

RPP.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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