IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

26^TH May, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO. 762 of 2022

Between:

Mahmood Raza and Others.

…Applicants

and

State of Uttarakhand and Another. …Respondents

Counsel for the Applicants

:

Mr. Rakesh Negi.

Counsel for the Respondent : Mr. Lalit Miglani,

No.1

learned A.G.A. for the

State

Counsel for the Respondent : Mr. Piyush Singh.

No.2

Hon’ble Alok Kumar Verma,J.

The applicants-accused persons have invoked the

inherent jurisdiction of this Court under Section 482 of the

Code of Criminal Procedure, 1973, to quash the impugned

cognizance/summoning order dated 08.07.2021 and the

entire proceedings of Criminal Case No.3078 of 2021, “State

vs. Mahmood Raza and Others”, pending before the Court of

Judicial Magistrate/I^st Additional Civil Judge (Junior Division),

Rudrapur, District Udham Singh Nagar.

2

2.

Subsequent to the submission of the charge-

sheet, the learned trial court took the cognizance and

passed the impugned summoning order against all the

applicants-accused persons under Sections 498A, 323, 504

of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

3.

Heard Mr. Rakesh Negi, the learned counsel for

the applicants, Mr. Lalit Miglani, the learned A.G.A. for the

State/respondent no.1 and Mr. Piyush Singh, the learned

counsel for the respondent no.2/informant/victim.

4.

The

respondent

no.2,

Smt.

Gulshan,

informant/victim, is present in-person before the Court. She

is identified by Mr. Piyush Singh, Advocate.

5.

All

the

applicants-accused

persons,

namely,

Mahmood Raza, Smt. Shamim Jahan, Hanif Raza, Sahid

Raza, Zahid Raza, Abid Raza, Vahid Raza, Smt. Shabnam

and Mohd. Yameen alias Nanhey are present in-person

before the Court and they are identified by Mr. Rakesh Negi,

Advocate.

6.

The

respondent

no.2-Smt.

Gulshan,

informant/victim and all the applicants submitted that they

have resolved their private disputes and after resolving their

disputes they have filed a joint compounding application

3

along with affidavits with their free will and without any

pressure.

7.

The respondent no.2 and all the applicants

submitted that they are living in peace and harmony. The

respondent no.2 submitted that she is residing with her

husband, Mahmood Raza, the petitioner no.1. She further

submitted that she does not want to proceed with the

criminal case.

8.

The learned counsel appearing for the State has

no objection.

9.

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

cognizance/summoning order dated 08.07.2021 and the

entire proceedings of Criminal Case No.3078 of 2021, “State

vs. Mahmood Raza and Others”, pending before the Court of

Judicial Magistrate/I^st Additional Civil Judge (Junior Division),

Rudrapur, District Udham Singh Nagar, are quashed.

10.

Resultantly, the impugned cognizance/summoning

order dated 08.07.2021 and the entire proceedings of

Criminal Case No.3078 of 2021, “State vs. Mahmood Raza

and

Others”,

pending

before

the

Court

of

Judicial

4

Magistrate/I^st

Additional

Civil

Judge

(Junior

Division),

Rudrapur, District Udham Singh Nagar, are quashed.

11.

The Criminal Miscellaneous Application No.762 of

2022, filed under Section 482 of the Code of Criminal

Procedure, is disposed of accordingly.

___________________

ALOK KUMAR VERMA, J.

Dt: 26^th May, 2022

Neha