Atiq Ahamad And Five Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.57 of 2020, “State vs. Atiq Ahamad and Others”, pending before the court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar in terms of compromise between the parties.

Subsequent to the submission of the charge-sheet, the learned trial court took cognizance and passed the summoning order under Sections 498A and 506 of IPC against the applicants – accused persons.

Heard Mr. M.K. Ray, learned counsel for the applicants, Mr. T.C. Agarwal, learned Deputy Advocate General for the State and Mr. Vinay Singh Chauhan, learned counsel for the respondent no.2/ informant/victim.

All the applicants – accused persons, namely, Atiq Ahamad, Smt. Jaitoon, Nafess Ahamad, Smt. Sharifan, Basheer Ahamad and Sageer Ahamad, are present in-person before this Court and they are identified by Mr. M.K. Ray, Advocate.

The respondent no.2 – Smt. Rubeena Bi, informant/victim is present in-person before this Court and she is identified by Mr. Vinay Singh Chauhan, Advocate.

Both, the applicants and the respondent no.2 submitted that there were matrimonial disputes between them and they have resolved their disputes. They further submitted that they have filed their affidavits.

The respondent no.2 – Smt. Rubeena Bi further submitted that she has filed her affidavit with her free will and without any pressure and she does not want to proceed with the said criminal case against the applicants.

The learned counsel appearing for the State submitted that there were matrimonial disputes between the parties and they have resolved their disputes.

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 entire proceedings of Criminal Case No.57 of 2020, “State vs. Atiq Ahamad and Others”, pending before the court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar, are quashed.

Resultantly, the entire proceedings of Criminal Case No.57 of 2020, “State vs. Atiq Ahamad and Others”, pending before the court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No.1201 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.