Heard Sri Suresh Gupta learned counsel for the applicants and Sri Rajesh Mishra learned counsel for the respondents informant along with learned A.G.A.
Family members of Panna Lal Nayyar ( applicant no. 2) consisting of himself, his wife Smt. Beena Nayyar ( applicant no. 3) two sons Alok Nayyar ( applicant no. 1) and Anil Nayyar ( applicant no. 4), wife of Anil Nayyar Smt. Ruchi Nayyar ( applicant no. 5) along with Sanjay Sehgal and Smt. Seema Sehgal, have approached this Court, by invoking its inherent jurisdiction under section 482 Cr.P.C. through instant 482 application praying hereunder that proceedings of Criminal Case No. 132 of 2008 , State Vs. Alok Nayyar and others, under Sections 498-A, 323, 506 I.P.C. and under Section 3/4 Dowry Prohibition Act, Police Station Nawabad ( Mahila) , district Jhansi, pending in the Court of Additional Civil Judge ( Junior Division)/ Judicial Magistrate, Court No. 11, Jhansi, be quashed.
Additional prayer is for staying of further proceeding of the trial court pendente-lite this 482 application.
At the time of admission of the instant application, Shri Rajesh Mishra appearing for the respondents informant Brij Mohan Kohli and daughter Smt. Sunita Nayyar, has filed counter affidavit. According to the allegation, Smt. Sunita Nayyar was married with the applicant Alok Nayyar who is son of applicant no. 2 and 3. Applicant no.4 is brother of the husband whereas applicant no.5 Smt. Ruchi Nayyar is Bhabhi of applicant no.1. Smt. Sunita daughter of informant, Brij Mohan Kohli was tortured because of rapacious attitude by the applicants, therefore, case was instituted, quashing of which, now has been prayed.
Today, Shri Suresh Gupta, learned counsel for the applicants as well as Shri Rajesh Mishra learned counsel for the respondent nos. 2 and 3, jointly made submission that the parties have entered into compromise. The wife is living with the husband and, there is no lis pending in between them to be resolved by the Court and the interest of justice demands that ratio decidendi of the Apex Court decision in the case of B.S. Joshi, be applied and prosecution of the aforesaid proceedings be quashed.
This Court finds that the dispute is between husband and wife and close relatives and matter has been resolved in between them and since husband and wife are living together, no useful purpose will be served in allowing to prosecution to go on.
In view of the above, this 482 application is allowed and prosecution of Criminal Case No. 132 of 2008 , State Vs. Alok Nayyar and others, under Sections 498-A, 323, 506 I.P.C. and under Section 3/4 Dowry Prohibition Act, Police Station Nawabad ( Mahila) , district Jhansi, pending in the Court of Additional Civil Judge ( Junior Division)/ Judicial Magistrate, Court No. 11, Jhansi, is hereby quashed.
Order Date :- 5.1.2011 rkg