Imran Aziz And Two Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicants-accused persons have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet, cognizance order dated 27.08.2022 and the entire proceedings of Criminal Case No. 28 of 2021, “State vs. Imran Aziz and Others”, pending before the Court of Additional Chief Judicial Magistrate/Additional Senior Civil Judge, Roorkee, District Haridwar.

Subsequent to the submission of charge-sheet, learned Magistrate took cognizance and passed the impugned summoning order against the applicants-accused persons, namely, Imran Aziz, husband of the respondent no.2/informant/victim, Aziz Ullah, aged about 78 years, father-in-law of the respondent no. 2, and, Smt. Amir Bano, aged about 72 years, the mother-in-law of the respondent no. 2.

The Trial Court has framed charges against the applicant no. 1, husband of the respondent no. 2, under Sections 323, 504, 506, 498A of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961 and against the applicant no. 2 and applicant no. 3 for the offence under Section 498A of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961.

Smt. Tabish, respondent no. 2, is present in-person before the Court. She is duly identified by Mr. Aditya Pratap Singh, Advocate.

Applicant no. 1 and applicant no. 2 are present physically and applicant no. 3 is present through video conferencing. They are identified by Mr. Vikas Kumar Guglani, Advocate.

Mr. Vikas Kumar Guglani and Mr. Rajesh Kumar, learned counsel for the applicants, Mr. Saurabh Pandey, learned Brief Holder for the State and Mr. Aditya Pratap Singh, learned counsel for the respondent no. 2.

Smt. Tabish, respondent no. 2, submitted that she has received a Demand Draft No. 50197 dated 18. 11.2023 of Rs. 9,85,000/- from the applicant no. 1.

Both, the applicants and respondent no. 2 submitted that they have filed a Compounding Application (IA No. 1 of 2023) along with affidavits with their free will and without any pressure.

Smt. Tabish, respondent no. 2, further submitted that she does not want to continue with the case, pending before the Additional Chief Judicial Magistrate/Additional Senior Civil Judge, Roorkee, District Haridwar .

Mr. Saurabh Pandey, learned Brief Holder appearing for the State submitted that the applicants and respondent no. 2 have resolved their matrimonial disputes, therefore, the State has no objection to quash the entire proceedings of the said criminal case.

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 order and the entire proceedings of Criminal Case No. 28 of 2021, pending before the Court of Additional Chief Judicial Magistrate/Additional Senior Civil Judge, Roorkee, District Haridwar, are quashed.

Consequently, the impugned charge-sheet, cognizance order and the entire proceedings of the Criminal Case No. 28 of 2021, pending before the Court of Additional Chief Judicial Magistrate/Additional Senior Civil Judge, Roorkee, District Haridwar, are hereby quashed.