Nawab Alias Nabbu vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant - accused Nawab alias Nabbu has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the impugned charge-sheet, cognizance/ summoning order dated 16.11.2021 and the entire proceedings of Criminal Case No.602 of 2021, “State vs. Nawab alias Nabbu”, pending before the Judicial Magistrate, Jaspur, District Udham Singh Nagar under Sections 498A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Mohit Kumar, learned counsel for the applicant, Mrs. Shivangi Gangwar, learned Brief Holder for the State and Km. Meenu, learned counsel for the respondent no.2/informant/victim.

The applicant – accused Nawab alias Nabbu is present in-person before this Court and he is identified by Mr. Mohit Kumar, Advocate.

The respondent no.2 – Smt. Haseen Jahan is present in-person before this Court and she is identified by Km. Meenu.

The respondent no.2 and the applicant submitted that there were matrimonial disputes between them and the said disputes have been resolved by them. They further submitted that they have filed a joint Compounding Application (IA No.01 of 2022) along with their affidavits with their free will and without any pressure. The respondent no.2 submitted that she does not want to proceed with the said criminal case against the applicant.

The learned counsel appearing for the State submitted that there were matrimonial disputes between the parties and the said disputes have been resolved, 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, cognizance/ summoning order dated 16.11.2021 and the entire proceedings of Criminal Case No.602 of 2021, “State vs. Nawab alias Nabbu”, pending before the Judicial Magistrate, Jaspur, District Udham Singh Nagar under Sections 498A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961, are quashed.

Resultantly, the impugned charge-sheet, cognizance/ summoning order dated 16.11.2021 and the entire proceedings of Criminal Case No.602 of 2021, “State vs. Nawab alias Nabbu”, pending before the Judicial Magistrate, Jaspur, District Udham Singh Nagar under Sections 498A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961, are quashed.

The Criminal Miscellaneous Application No.927 of 2022, filed under Section 482 of the Code of Criminal Procedure, 1973 is disposed of accordingly.