Ashish Sharma vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant - accused has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 21.09.2022 and the entire proceedings of Criminal Case No.6952 of 2020, “State vs. Ashish Sharma”, pending before the Ist Judicial Magistrate, Haldwani, District Nainital.

Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the summoning order against the applicant under Section 498A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Harshit Sanwal, learned counsel for the applicant, Mr. T.C. Agarwal, learned Deputy Advocate General for the State and Mr. Mukul Dhangi, learned counsel for the respondent no.2/informant/victim.

The applicant – Ashish Sharma is present in-person before this Court and he is identified by Mr. Harshit Sanwal, Advocate.

The respondent no.2 - Smt. Neha Sharma is present in-person before this Court and she is identified by Mr. Mukul Dangi, Advocate.

Both, the applicant and the respondent no.2 submitted that they are living jointly as husband and wife. Therefore, they have filed a joint Compounding Application (IA No.01 of 2022) along with affidavits with their free will and without any pressure.

The respondent no.2 further submitted that she does not want to proceed with the said criminal case.

The learned counsel for the State submitted that there were matrimonial disputes, therefore, the State has no objection.

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 charge-sheet dated 21.09.2022 and the entire proceedings of Criminal Case No.6952 of 2020, “State vs. Ashish Sharma”, pending before the Ist Judicial Magistrate, Haldwani, District Nainital, are quashed.

Resultantly, the charge-sheet dated 21.09.2022 and the entire proceedings of Criminal Case No.6952 of 2020, “State vs. Ashish Sharma”, pending before the Ist Judicial Magistrate, Haldwani, District Nainital, are quashed.

The Criminal Miscellaneous Application No.852 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.