Ravi And Aasha And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

These two applications have been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 10.01.2019 (arising out of FIR No. 463 of 2018, Police Station Kashipur, District Udham Singh Nagar), impugned summoning order dated 04.05.2019 and the entire proceedings of Criminal Case No. 1736 of 2019, “State Vs. Jaswant Singh and Others”, pending before the Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

After submission of the charge-sheet, the trial Court took the cognizance and passed the summoning order under Sections 498-A, 323, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961 against the applicants in Criminal Case No. 1736 of 2019.

These two applications, filed under Section 482 of the Code of Criminal Procedure, 1973, are being consolidated and are decided by this common order.

Heard, Mr. Shashank Saun, the learned counsel for the applicants, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State and Mr. Sudhir Chaudhary, the learned counsel for private respondent.

The applicants – accused persons namely, Ravi, Smt. Aasha and Jaswant Singh are present in person before this Court and they are identified by Mr. Shashank Saun, the learned counsel for the applicants.

Smt. Vinita, the private respondent/informant/victim is present in person before this Court and she is identified by Mr. Sudhir Chaudhary, the learned counsel for the private respondent.

Both, the applicants and informant/victim submitted that there were matrimonial disputes between them and they have resolved their said disputes. They further submitted that after resolving their matrimonial disputes, they have filed a joint compounding application alongwith affidavits with their free will and without any pressure.

The private respondent, Smt. Vinita, informant/victim further submits that she does not want to proceed with the said criminal case against the applicants.

The learned counsel appearing for the State submitted that there were matrimonial disputes between the parties and they have resolved their disputes, therefore, in the facts and circumstances of the case, 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 10.01.2019 and cognizance/ summoning order dated 04.05.2019 and the entire proceedings of Criminal Case No.1736 of 2019, “State Vs. Jaswant Singh and others”, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are quashed.

Resultantly, the impugned charge-sheet dated 10.01.2019, cognizance/summoning order dated 04.05.2019 and the entire proceedings of Criminal Case No.1736 of 2019, “State vs. Jaswant Singh and others”, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No(s). 1809 of 2019 and 1003 of 2022, filed under Section 482 of the Code of Criminal Procedure, are disposed of accordingly.