Gaurav Kumar And Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicants-accused persons have invoked the inherent jurisdiction of this High Court under Section 482 of the Code of Criminal Procedure to quash the impugned charge-sheet dated 5.9.2020, summoning order dated 23.11.2020 along with entire proceedings of Criminal Case No.752 of 2020 (Case Crime No.17/2020), pending before the IInd Judicial Magistrate, Roorkee, District Haridwar.

Subsequent to submission of the charge-sheet, the learned trial court took cognizance and passed the summoning order dated 23.11.2020 against the applicants-accused persons for the offence under Sections 323, 504, 506, 498A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Aakib Ahmed, the learned counsel for the applicants, Mr. T.C. Agarwal, the learned Deputy Advocate General for the State and Mr. Pankaj Kumar Sharma, the learned counsel for the respondent no.2.

The applicants, namely, Gaurav Kumar, Ram Singh, Smt. Phoolwati, Ravi and Smt. Pooja, are present in person before this Court and they are identified by Mr. Aakib Ahmed, Advocate.

The respondent no.2, Smt. Komal, the informant/victim, is present in-person before this Court and she is identified by Mr. Pankaj Kumar Sharma, Advocate.

The respondent no.2 and all the applicants submitted that they have resolved their disputes and after resolving their disputes, they have filed a Joint Compounding Application along with their affidavits with their free will and without any pressure.

The respondent no.2, Smt. Komal further submitted that she does not want to proceed with the said criminal case against the applicants-accused persons.

The learned counsel appearing for the State submitted that there were private disputes between the applicants and the respondent no.2 and they have resolved their 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 impugned charge-sheet dated 5.9.2020, summoning order dated 23.11.2020 along with entire proceedings of Criminal Case No.752 of 2020 (Case Crime No.17/2020), under Sections 323, 504, 506, 498A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961, pending before the IInd Judicial Magistrate, Roorkee, District Haridwar, are quashed.

Resultantly, the impugned charge-sheet dated 05.9.2020, summoning order dated 23.11.2020 along with entire proceedings of Criminal Case No.752 of 2020 (Case Crime No.17/2020), under Sections 323, 504, 506, 498A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961, pending before the IInd Judicial Magistrate, Roorkee, District Haridwar, are hereby quashed.

The Criminal Miscellaneous Application No.657 of 2021, filed under Section 482 of the Code of Criminal Procedure, stands disposed of accordingly.