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2022 DIGILAW 454 (UTT)

Arif v. State of Uttarakhand

2022-12-22

ALOK KUMAR VERMA

body2022
JUDGMENT Alok Kumar Verma, J. - The applicants-accused persons have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.550 of 2020, 'State vs. Arif & Others', pending before the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar. 2. After completion of the investigation, charge sheet was filed. Learned Trial Court took the cognizance and passed the summoning order against the applicants-accused persons for the offence punishable under Sections 498A, 504 & 506 of Indian Penal Code. 3. Heard Mr. Abhishek Verma, learned counsel for the applicants, Mr. T.C. Agarwal, learned Deputy Advocate General assisted by Mr. Tumul K. Nainwal, learned Brief Holder for the State and Ms. Ashwarya Thapliyal, Advocate holding brief of Mr. Mehboob Rahi, learned counsel for the respondent no.2/Victim/Informant. 4. The applicants - accused persons, namely, the applicant no.1-Arif (husband of the respondent no.2), the applicant no.2-Abrar Hussain and the applicant no.3-Noor Hasan alias Noor Ahamad (relatives of the applicant no.1) are present in-person before the Court and they are identified by Mr. Abhishek Verma, Advocate. The respondent no.2 - Smt. Najra Khatoon is present in-person before this Court and she is identified by Ms. Ashwarya Thapliyal, Advocate. 5. The applicants and the respondent no.2 submitted that there were matrimonial disputes between them and they have resolved their disputes. Therefore, they have filed a Compounding Application along with their affidavits with their free will and without any pressure. 6. The respondent no.2 further submitted that she does not want to proceed with the said criminal case. 7. Learned counsel for the State submitted that there were matrimonial disputes between the parties and they have resolved their disputes, therefore, the State has no objection. 8. Keeping in view of the totality of the fact 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.550 of 2020, 'State vs. Arif & Others', pending before the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar for the offence under Sections 498-A, 504 & 506 of the Indian Penal Code, 1860, are quashed. 9. 9. Resultantly, the entire proceedings of Criminal Case No.550 of 2020, 'State vs. Arif & Others', pending before the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar for the offence under Sections 498-A, 504 & 506 of the Indian Penal Code, 1860, are quashed. 10. The Criminal Misc. Application (No.1259 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.