State v. Nadeem, relating to offences punishable under section & Ors.

Shri Navneet Kaushik, Advocate, present for the petitioners. Shri M.A.Khan, Brief Holder, present for the State. Shri Mohd. Umar, Advocate, present respondent no.2/complainant. Heard. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 1052 of 2005 State vs. Nadeem and others, relating to offences punishable under section 498A, 304B I.P.C., and one punishable under section ¾ of Dowry Prohibition Act, 1961, pending in the court of Chief Judicial Magistrate, Dehradun. Learned counsel for the petitioner submitted that in the dying declaration given by the deceased it is stated by her that due to the accidental incident she got burn injuries. It is further pointed out that the complainant Shahjad Bano has filed affidavit stating that she does not want to prosecute the petitioners. Considering the nature of the offence particularly relating to one punishable under section 304B I.P.C., this court is not inclined to interfere with the trial. It is observed that from dying declaration copy of which is annexed with the petition, it appears that the deceased had not named any of the petitioners. Also, the complainant Shahjad Bano mother of the deceased has also filed affidavit that she does not want to prosecute the petitioners. She is present in court. This court thinks it just and proper to further observe that it is for the trial court to record her statement before coming to the conclusion if the petitioners are innocent or not. For the reasons as discussed above, without expressing any opinion as to final merits of the case, this petition under section 482 of Code of Criminal Procedure, 1973, is dismissed with the observation that if the petitioners surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay.

01.07.2010 NP

(P.C.P., J.)