Lalit Kumar Singh And Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

After completion of the investigation, a charge-sheet was filed. The trial Court took the cognizance and passed the summoning order on 22.09.2017 under Sections 323, 504, 506, 354, 498-A IPC and Section 3/4 of the Dowry Prohibition Act, 1961 against the applicants – accused persons in Criminal Case No. 4591 of 2017.

The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the impugned charge-sheet dated 05.09.2017 and entire proceedings of Criminal Case No. 4591 of 2017, “State Vs. Lalit Kumar and Others”.

Heard, Mr. Azmeen, the learned counsel for the applicants, Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. B.S. Thind, the learned Brief Holder for the State/respondent no.1 and Mr. Sunil Singh Pundir, the learned counsel for the respondent no.2/informant/victim.

The learned counsel for the applicants submitted that the said criminal case is pending before the Additional Chief Judicial Magistrate, Haldwani, District Nainital.

All the four applicants – accused persons namely, Lalit Kumar Singh, Anil Kumar Singh, Smt. Lajwanti and Uma Shankar Singh are present in person before this Court and they are identified by Mr. Azmeen.

The respondent no.2 Smt. Ruchi Singh, the informant/victim, is present before the Court and she is identified by Mr. Sunil Singh Pundir, the learned counsel for respondent no. 2.

The applicant no.1 is the husband of the respondent no.2.

Both, the applicants and the respondent no.2 submitted that there were matrimonial disputes between them and they have resolved their disputes, and, after resolving their disputes, they have filed a joint compounding application along with affidavits with their free will and without any pressure.

The respondent no.2 further submitted that she does not want to proceed with the said criminal case against the 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 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 05.09.2017, cognizance/summoning order dated 22.09.2017 and the entire proceedings of Criminal Case No.4591 of 2017, “State Vs. Lalit Kumar and others”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are quashed.

Resultantly, the impugned charge-sheet dated 05.09.2017, cognizance/summoning order dated 22.09.2017 and the entire proceedings of Criminal Case No.4591 of 2017, “State Vs. Lalit Kumar and others”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are quashed.

The Criminal Miscellaneous Application No.1642 of 2017, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.