Abdul Monish & Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicants-accused persons invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the impugned charge sheet dated 03.11.2021, cognizance and summoning order dated 23.02.2022 and the entire proceedings of Criminal Case No.557 of 2022 (FIR No.163 of 2021), “State vs. Abdul Monish”, pending before the learned Judicial Magistrate, Jaspur, District Udham Singh Nagar.

Heard Mr. Lalit Sharma, learned counsel for the applicants, Mr. Lalit Miglani, AGA with Ms. Sonika Khulbe, Brief Holder for the State and Mr. Azmeen, learned counsel for the private respondent no.2.

Smt. Robia Khatoon, the respondent no.2 and informant/victim is present in person before the Court. She is identified by Mr. Azmeen, Advocate. All the three applicants, namely, Abdul Monish, Akeel Ahmed and Smt. Reshma are present in person before the Court and they are identified by Mr. Lalit Sharma, Advocate.

Smt. Robia Khatoon, the respondent no.2, and the applicant Abdul Monish submitted that they duly got married and both of them are tied in matrimonial relation. They are living as husband and wife. The applicant no.2, Akeel Ahmed is father-in-law of Smt. Robia Khatoon and the applicant Smt. Reshma is mother-in-law of Smt. Robia Khatoon.

Smt. Robia Khatoon, the respondent no.2, submitted that she does not want to proceed with the said criminal case. Smt. Robia Khatoon and all the three applicants submitted that they have filed a joint compounding application along with affidavits with their free will and without any pressure.

The learned counsel for the State has no objection.

Though, this Court would normally be hesitant to quash the charge sheet and the cognizance order under Section 376 of IPC, it is noticed that there is no dispute between the parties. The respondent no.2, victim, and the applicant no.1 Abdul Monish duly got married and both of them are tied in matrimonial relation. They are living as husband and wife in peace and harmony.

In these circumstances, in case, proceedings are allowed to continue, it would amount to denial of complete justice. Therefore, it is a case, in which, the inherent jurisdiction of the Court should be exercised to do real and substantial justice.

Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the impugned charge sheet dated 03.11.2021, cognizance and summoning order dated 23.02.2022 and the entire proceedings of Criminal Case No.557 of 2022 (FIR No.163 of 2021), “State vs. Abdul Monish”, pending before the learned Judicial Magistrate, Jaspur, District Udham Singh Nagar, are quashed.

Resultantly, the impugned charge sheet dated 03.11.2021, cognizance and summoning order dated 23.02.2022 and the entire proceedings of Criminal Case No.557 of 2022 (FIR No.163 of 2021), “State vs. Abdul Monish”, pending before the learned Judicial Magistrate, Jaspur, District Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No.522 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.