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2022 Supreme(UK) 425

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Arif & Ors. - Appellants
Versus
State of Uttarakhand & Anr. - Respondents
Criminal Miscellaneous Application No. 1259 of 2022
Decided On : 22-12-2022

Advocates appeared:
Abhishek Verma, Advocate, T.C. Agarwal, Advocate, Tumul K. Nainwal, Advocate, Ashwarya Thapliyal, Advocate

The resolution of matrimonial disputes and mutual compounding application can be considered as grounds for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973.

Headnote:

Section 482 - Quashing of Criminal Proceedings - Matrimonial Disputes

Fact of the Case:

The accused persons sought to quash the proceedings of a criminal case filed against them for offences under Sections 498-A, 504 & 506 of the Indian Penal Code, citing resolution of matrimonial disputes.

Finding of the Court:

The Court, considering the resolution of disputes between the parties and their mutual compounding application, quashed the entire proceedings of the criminal case.

Issues: Resolution of matrimonial disputes, compounding application, quashing of criminal proceedings

Ratio Decidendi: The court's decision was influenced by the resolution of matrimonial disputes between the parties and their mutual compounding application, leading to the quashing of the criminal proceedings.

Final Decision: The entire proceedings of the criminal case were quashed, and the application filed under Section 482 of the Code of Criminal Procedure, 1973, was disposed of accordingly.

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. 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.

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