Mahmood Raza And 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 impugned cognizance/summoning order dated 08.07.2021 and the entire proceedings of Criminal Case No.3078 of 2021, “State vs. Mahmood Raza and Others”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge (Junior Division), Rudrapur, District Udham Singh Nagar.

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

Heard Mr. Rakesh Negi, the learned counsel for the applicants, Mr. Lalit Miglani, the learned A.G.A. for the State/respondent no.1 and Mr. Piyush Singh, the learned counsel for the respondent no.2/informant/victim.

The respondent no.2, Smt. Gulshan, informant/victim, is present in-person before the Court. She is identified by Mr. Piyush Singh, Advocate.

All the applicants-accused persons, namely, Mahmood Raza, Smt. Shamim Jahan, Hanif Raza, Sahid Raza, Zahid Raza, Abid Raza, Vahid Raza, Smt. Shabnam and Mohd. Yameen alias Nanhey are present in-person before the Court and they are identified by Mr. Rakesh Negi, Advocate.

The respondent no.2-Smt. Gulshan, informant/victim and all the applicants submitted that they have resolved their private 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 and all the applicants submitted that they are living in peace and harmony. The respondent no.2 submitted that she is residing with her husband, Mahmood Raza, the petitioner no.1. She further submitted that she does not want to proceed with the criminal case.

The learned counsel appearing for 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 cognizance/summoning order dated 08.07.2021 and the entire proceedings of Criminal Case No.3078 of 2021, “State vs. Mahmood Raza and Others”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge (Junior Division), Rudrapur, District Udham Singh Nagar, are quashed.

Resultantly, the impugned cognizance/summoning order dated 08.07.2021 and the entire proceedings of Criminal Case No.3078 of 2021, “State vs. Mahmood Raza and Others”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge (Junior Division), Rudrapur, District Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No.762 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.