Shahid vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No.298 of 2022, “State vs. Shahid”, pending before the court of 1st Judicial Magistrate, Roorkee, District Haridwar.

After completion of the investigation, charge-sheet was filed. The learned trial court took cognizance and passed the summoning order under Sections 323, 324, 504, 498A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Rajveer Singh, learned counsel for the applicant, Mr. A.K. Shah, learned Deputy Advocate General for the State and Mr. Brahmdev, learned counsel holding brief of Mr. Ravindra Kumar, learned counsel for the respondent nos.2 and 3/informant/victim.

The applicant – accused Shahid is present in-person before this Court and he is identified by Mr. Rajveer Singh, Advocate.

The respondent no.2 Mohammad Aleem, the brother of the respondent no.3 and the informant of the First Information Report and the respondent no.3 Smt. Amarin, victim and wife of the applicant – accused are present in-person before this Court and they are identified by Mr. Brahmdev, Advocate.

Mr. Bhrahmdev, the learned counsel appearing for the respondent nos.2 and 3 submitted that Mr. Ravindra Kumar, Advocate, has met an accident, therefore, he is unable to attend the Court.

The applicant – Shahid, the respondent no.2 Mohammad Aleem and the respondent no.3 Smt. Amarin submitted that there were private and matrimonial disputes between them and they have resolved their disputes and after resolving their disputes, the applicant and the respondent no.2 are living separately.

The applicant, the respondent no.2 and the respondent no.3 requested to quash the said criminal case. They further submitted that they have filed their affidavits. The respondent no.3 Smt. Amarin further submitted that she has filed her affidavit with her free will and without any pressure and she does not want to proceed with the said criminal case against her husband, the applicant – Shahid.

The learned counsel for the State submitted that there were private and 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 entire proceedings of Criminal Case No.298 of 2022, “State vs. Shahid”, pending before the court of 1st Judicial Magistrate, Roorkee, District Haridwar, are quashed.

Resultantly, the entire proceedings of Criminal Case No.298 of 2022, “State vs. Shahid”, pending before the court of 1st Judicial Magistrate, Roorkee, District Haridwar, are quashed.

The Criminal Miscellaneous Application No.1216 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.