Deepak Cheetri Alias Sonu & 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 21.07.2021, cognizance and summoning order dated 26.08.2021 and entire proceedings of Criminal Case No.1254/2021 (Old No.8550 of 2021), “State vs. Deepak Cheetri alias Sonu & Ors.”, pending before the Additional Chief Judicial Magistrate/3rd Additional Civil Judge (Senior Division), Haridwar.

Subsequent to the submission of the charge sheet, the learned Trial Court took cognizance and passed the impugned summoning order against the applicants-accused persons under Sections 323, 504, 498-A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

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

Smt. Sonia, the respondent no.2, and all the applicants are present in person before the Court. Smt. Sonia, the respondent no.2, is identified by Mr. Aakib Ahmed, Advocate. All the applicants are identified by Mr. Ashutosh Thakral, Advocate.

Smt. Sonia, the respondent no.2, and all the applicants submitted that there were matrimonial disputes and they have resolved their disputes. Smt. Sonia, the respondent no.2, submitted that she does not want to proceed with the said criminal case. The respondent no.2 and all the applicants submitted that they have filed a joint compounding application along with affidavits with their free will and without any pressure.

Mr. Lalit Miglani, learned counsel for the State submitted that the said matrimonial disputes have been resolved. 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 impugned charge-sheet, cognizance and summoning order dated 26.08.2021 and entire proceedings of Criminal Case No.1254 of 2021 (Old No.8550 of 2021), “State vs. Deepak Cheetri alias Sonu & Ors.”, pending before the Additional Chief Judicial Magistrate/3rd Additional Civil Judge (Senior Division), Haridwar, are quashed.

Resultantly, the impugned charge-sheet, cognizance and summoning order dated 26.08.2021 and entire proceedings of Criminal Case No.1254 of 2021 (Old No.8550 of 2021), “State vs. Deepak Cheetri alias Sonu & Ors.”, pending before the Additional Chief Judicial Magistrate/3rd Additional Civil Judge (Senior Division), Haridwar, are quashed.

The Criminal Miscellaneous Application No.518 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.