Inder Pal Singh vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973 to set-aside the conviction and sentence dated 24.08.2018, passed by the learned Additional Chief Judicial Magistrate, Haridwar in Criminal Case No.887 of 2010, “State vs. Inder Pal and Others”, by which, the applicant – accused, namely, Inder Pal, husband of the respondent no.2/informant, was convicted for the offence punishable under Section 498A of IPC and was sentenced to undergo simple imprisonment for a period of two years along with a fine of Rs.5,000/-, and, the impugned judgment dated 10.06.2022, passed by the 5th Additional Sessions Judge, Haridwar in Criminal Appeal No.190 of 2018, “Inder Pal vs. State of Uttarakhand”, whereby, the Appellate Court has dismissed the said criminal appeal, filed by the present applicant, against the said conviction and sentence dated 24.08.2018.

Heard Mr. Pankaj Miglani, learned counsel for the applicant, Mr. Rohit Dhyani, learned Brief Holder for the State and Mr. Aakib Ahmed, learned counsel for the respondent no.2/informant/victim.

The applicant – Inder Pal and the respondent no.2 Smt. Sangeeta are present in-person before this Court. The applicant – Inder Pal is identified by Mr. Pankaj Miglani, Advocate. The respondent no.2 – Smt. Sangeeta is identified by Mr. Aakib Ahmed, Advocate.

Both, the applicant and the respondent no.2 submitted that there were matrimonial and family disputes between them. They have resolved their disputes and after resolving their disputes, the present application, under Section 482 of the Code of Criminal Procedure, 1973, has been filed.

The applicant and the respondent no.2 further submitted that they have filed affidavits with their free will and without any pressure.

The learned counsel for the State submitted that there were matrimonial and private disputes, and the said matrimonial disputes have been resolved by the parties, therefore, the State has no objection.

Section 482 of the Code of Criminal Procedure, 1973 reads as follows:-

“482. Saving of inherent power of High Court.-Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

Section 482 of the Code of Criminal Procedure, 1973, envisages three circumstances in which the inherent jurisdiction may be exercised, namely, “to give effect to any order under the Code, or, to prevent abuse of the process of any Court, or, to secure the ends of justice”.

Therefore, this inherent jurisdiction should be exercised in appropriate cases to do real and substantial justice.

Though, this Court would normally be hesitant to set aside the judgment of the trial court and the appellate court under Section 482 of the Code of Criminal Procedure, 1973, but in the present matter, it is noted that there were matrimonial and family disputes between the parties and the said matrimonial disputes have been resolved by them.

In these circumstances, in case, the said conviction and sentence and the judgment of the Appellate Court are allowed to stand, it would amount to denial of complete justice to the parties. 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 conviction and sentence dated 24.08.2018, passed by the learned Additional Chief Judicial Magistrate, Haridwar in Criminal Case No.887 of 2010, “State vs. Inder Pal and Others”, against the present applicant, and, the impugned judgment dated 10.06.2022, passed by the 5th Additional Sessions Judge, Haridwar in Criminal Appeal No.190 of 2018, “Inder Pal vs. State of Uttarakhand”, are quashed.

Resultantly, the conviction and sentence dated 24.08.2018, passed by the learned Additional Chief Judicial Magistrate, Haridwar in Criminal Case No.887 of 2010, “State vs. Inder Pal and Others”, against the present applicant, and, the impugned judgment dated 10.06.2022, passed by the 5th Additional Sessions Judge, Haridwar in Criminal Appeal No.190 of 2018, “Inder Pal vs. State of Uttarakhand”, are quashed.

The Criminal Miscellaneous Application (No.971 of 2022), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.