Islam Navi And 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.191 of 2021, “State vs. Islam Navi and Others”, pending before the court of Judicial Magistrate, Bazpur, District Udham Singh Nagar.

After completion of the investigation, the charge-sheet was filed. The trial court took cognizance and passed a summoning order dated 26.02.2021 under Sections 498A, 323, 506 of I.P.C. and Section 4 of the Dowry Prohibition Act, 1961 against the applicants-accused persons.

Heard Mr. Vikas Anand, the learned counsel for the applicants, Mr. Rohit Dhyani, the learned Brief Holder for the State and Mr. B.S. Koranga, the learned counsel for the respondent no.2/informant/victim.

All the applicants, namely, Islam Navi, Smt. Jaibul Nisha and Israr, are present in-person before this Court. They are identified by Mr. Vikas Anand, Advocate.

The respondent no.2- Smt. Naazmeen, the informant/victim, is present in-person before this Court. She is identified by Mr. B.S. Koranga, Advocate.

All  the applicants  and the respondent  no.2, submitted that there were private and matrimonial disputes between them and after resolving their disputes, they have filed present application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of the said criminal case. They further submitted that they have filed their affidavits with their free will and without any pressure.

The respondent no.2 -Smt. Naazmeen submitted that she does not want to proceed with the said criminal case against the present applicants.

The learned counsel for the State, submitted that there were matrimonial disputes between the parties and they have resolved their disputes, therefore, the State has no objection.

Keeping in view of the totality of the fact 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.191 of 2021, “State vs. Islam Navi and Others”, pending before the court of Judicial Magistrate, Bazpur, District Udham Singh Nagar, are quashed.

Resultantly, the entire proceedings of Criminal Case No.191 of 2021, “State vs. Islam Navi and Others”, pending before the court of Judicial Magistrate, Bazpur, District Udham Singh Nagar, are quashed.

The Criminal Misc. Application (No.1206 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.