Shravan Singh vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant – accused has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the charge-sheet dated 28.12.2021, cognizance and summoning order dated 23.02.2022 and the entire proceedings of Criminal Case No.1570 of 2022, “State vs. Shravan Singh”, pending before the Ist Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

Subsequent to the submission of the charge-sheet, the learned Trial Court took cognizance and passed the impugned summoning order against the applicant – accused under Section 323, 376 and 506 of IPC.

Heard Mr. Ravi Bisht, learned counsel for the applicant, Mr. Lalit Miglani, learned AGA assisted by Ms. Sonika Khulbe, learned Brief Holder for the State and Mr. Prem Prakash Singh, learned counsel for the respondent no.2.

Smt. Shivani, the respondent no.2, informant and victim, is present in-person before this Court and she is identified as personally known by Mr. Ravi Bisht, Advocate.

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

Smt. Shivani, the respondent no.2 and the applicant submitted that they have solemnized their marriage on 23.09.2021 and the said marriage has been registered before the Registrar, Registration of Marriages, Bazpur, District Udham Singh Nagar on 25.09.2021. They are living as a husband and wife. Smt. Shivani, the respondent no.2 submitted that she does not want to proceed with the said criminal case. Both, the respondent no.2 and the applicant further submitted that they have filed a joint Compounding Application (IA No.01 of 2022) along with affidavits with their free will and without any pressure.

The learned counsel for the State has no objection.

Though, this Court would normally be hesitant to quash the charge-sheet and cognizance order under Section 376 of IPC, it is noticed that the respondent no.2, victim, and the applicant duly got married and both of them are tied in matrimonial relations. They are living as husband and wife in peace and harmony. The said marriage has been registered on 25.09.2021. In these circumstances, in case, proceedings are allowed to continue, it would amount to denial of complete justice. Therefore, it is a fit case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice.

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 28.12.2021, cognizance and summoning order dated 23.02.2022 and the entire proceedings of Criminal Case No.1570 of 2022, “State vs. Shravan Singh”, pending before the learned Ist Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are quashed.

Resultantly, the impugned charge-sheet dated 28.12.2021, cognizance and summoning order dated 23.02.2022 and the entire proceedings of Criminal Case No.1570 of 2022, “State vs. Shravan Singh”, pending before the learned Ist Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No.537 of 2022, filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.