Mohammad Shahnawaz @ Shahnawaz @ Shanu vs State Of Uttarakhand And Another

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of the present C528 application, the applicant has put to challenge the summoning/ cognizance order dated 22.10.2024 passed by the learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No.2826 of 2024 State Vs. Shahnawaz @ Shanu, under Sections 498A, 323, 506 IPC and under Section 3/4 of the Dowry Prohibition Act along with charge-sheet No.277 of 2024 dated 10.07.2024 filed pursuant to the FIR No.183 of 2024 dated 05.04.2024 registered at Police Station Kashipur, District Udham Singh Nagar as well as the entire proceedings of the aforesaid criminal case.

Along with the present C528 application, a joint compounding application (IA/1/2025) is filed duly supported by separate affidavits by applicant and respondent No.2.

In the compounding application, it has been stated by the parties that respondent No.2 does not want to pursue with the case anymore since they have amicably settled their disputes.

Applicant- Mohammad Shahnawaz @ Shahnawaz @ Shanu and respondent No.2-Siba are present before this Court, who are duly identified by their respective counsels. On interaction, respondent No.2 categorically stated that she wants to end the matter as the matter is now amicably settled by them.

Learned counsel for the applicant submits that the offences alleged against the applicant are arising out of the matrimonial disputes and now the parties have arrived to a conclusion that they do not want to pursue the matter any further as they have amicably settled their disputes, therefore, it would be futile exercise to keep the matter pending.

Learned State Counsel, per contra, expressed certain reservation in view of the Section 498A IPC and Section 3/4 of the Dowry Prohibition Act against the applicant.

Having considered the submission made by the learned counsel for the parties and on perusal of the compounding application as well as the documents available on record, this Court is of the view that if the parties do not wish to pursue with the criminal proceedings anymore and they have settled their dispute amicably, it would not be useful for referring the applicant to Court to face the trial and it would amount to a futile exercise. In view of the compromise arrived at between the parties, nothing remains to be decided in the present matter.

Accordingly, compounding application (IA/1/2025) is allowed. The entire proceedings of Criminal Case No.2826 of 2024 State Vs. Shahnawaz @ Shanu, pending in the Court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, is hereby quashed. Resultantly, the charge-sheet No.277 of 2024 dated 10.07.2024 and FIR No.183 of 2024 dated 05.04.2024 registered at Police Station Kashipur, District Udham Singh Nagar, stand quashed.

Accordingly, the present C528 application is disposed of in terms of the compromise.