Prem Singh and Others vs State of Uttaranchal

Servesh Kumar Gupta, J.—By way of this Criminal Miscellaneous Application, the prayer has been made to quash the Criminal Case No. 2272/2002,State v. Prem Singh and Ors. and the order of cognizance dated 22.10.2002 passed therein by the Chief Judicial Magistrate, Nainital. The said criminal case is based upon a chargesheet submitted against the applicants for the offences punishable u/s 147, 323, 506, 498A Indian Penal Code and Section 3/4 Dowry Prohibition Act, pertaining to Police Station Ramnagar, District Nainital.

Having heard learned Counsel for the parties and on perusal of the papers on record, it transpires that marriage of Smt. Sunita with Prem Singh was solemnized on 20.11.1997. Soon after the marriage, differences cropped up between the wedded couple on the question of dowry and other issues. After passing of few years in the mental agony, Smt. Sunita lodged an FIR on 11.6.2002 against the applicants for the offences as stated above. After the investigation, the chargesheet, under the aforesaid sections, was filed against the applicants. The learned Magistrate registered the chargesheet and passed the impugned order of cognizance.

It is further revealed before this Court that husband Prem Singh filed a divorce petition No. 266/2002, while on the other hand, Smt. Sunita filed the miscellaneous case No. 89/2002 seeking maintenance u/s 125 Code of Criminal Procedure. However, good sense prevailed between the two and with the intervention of some elders, the wedded couple again resumed their matrimonial life. They filed a compounding deed dated 29.3.2003, wherein it was settled that both the parties will live together peacefully keeping behind all the differences and will withdraw all the cases filed against each other by them. The compounding deed was filed in the concerned court on 4.4.2003. On the basis of this deed, the divorce petition No. 266/2002 was dismissed by the learned Judge on 9.11.2003 and the proceedings of Section 125 Code of Criminal Procedure were also quashed.

Smt. Sunita thus started living in her matrimonial house. But unfortunately, after passing almost a year, she died there. After her death, prosecution u/s 304B IPC was launched against the husband and his parents. That trial in the court of Special Judge, E.C. Act, Moradabad ended in acquittal of all the accused. But the charge for the offence of Section 498A Indian Penal Code could not be compounded since the offence under this section is non-compoundable.

In view of the facts and circumstances of the case narrated above, the impugned chargesheet, the Criminal Case No. 2272/2002 and the order of cognizance dated 22.10.2002 passed therein will not serve any purpose and thus meaningless now. The same are liable to be quashed.

Resultantly, the impugned chargesheet, the entire proceedings of Criminal Case No. 2272/2002 and the order of cognizance dated 22.10.2002 passed therein, all are hereby quashed. Registry is directed to inform the court concerned accordingly.