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2021 DIGILAW 654 (UTT)

Rahul Yadav v. State Of Uttarakhand

2021-12-13

ALOK KUMAR VERMA

body2021
JUDGMENT Alok Kumar Verma, J. - The applicant – accused Rahul Yadav has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet dated 01.02.2020, filed in FIR No.196 of 2019, registered with Police Station Dalanwala, District Dehradun, cognizance and summoning order dated 20.10.2021 and the entire proceedings of Criminal Case No.5695 of 2021, "State vs. Rahul Yadav", pending before the learned Chief Judicial Magistrate, Dehradun. 2. Subsequent to the submission of the charge-sheet, the learned Magistrate took the cognizance by the impugned cognizance order and summoning order was passed against the applicant – accused Rahul Yadav under Sections 498A, 504 of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961. 3. Mr. Rahul Yadav, the applicant – accused and Smt. Jyoti Yadav, the informant/victim, the wife of the applicant, are present in-person. They are identified by their respective counsels. 4. Heard Mr. Rajat Mittal, the learned counsel holding brief of Mr. Vishwa Prakash Bahuguna, the learned counsel for the applicant, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State/respondent no.1 and Mr. Niranjan Bhatt, the learned counsel for the respondent no.2. 5. Mr. Rahul Yadav and Smt. Jyoti Yadav, submitted that their private disputes have been settled amicably and now there is no dispute between them. The applicant and the respondent no.2 further submitted that they have filed a joint Compounding Application (IA No.01 of 2021) along with their affidavits with their free will and without any pressure. 6. Smt. Jyoti Yadav, the respondent no.2, submitted that after resolving her disputes with the applicant – accused Rahul Yadav, she does not want to proceed with the Criminal Case No.5695 of 2021. 7. The learned counsel appearing for the State has no objection. 8. 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 met, if the impugned FIR, charge-sheet, cognizance and summoning order along with the entire proceedings of the Criminal Case No.5695 of 2021, "State vs. Rahul Yadav", pending before the learned Chief Judicial Magistrate, Dehradun, are quashed. 9. 9. Resultantly, the First Information Report No.196 of 2019, registered with the Police Station Dalanwala, District Dehradun, the impugned charge-sheet dated 1.02.2020, cognizance and summoning order dated 20.10.2021 and the entire proceedings of the Criminal Case No.5695 of 2021, "State vs. Rahul Yadav", under Sections 498A, 504 of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961, are quashed. 10. The Criminal Miscellaneous Application No.1652 of 2021, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.