ZAHRUN NISA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri N.I Jafri, learned Counsel for the applicant and learned A.G.A. for the State.

(2.) THIS application has been filed for quashing the charge -sheet and the entire proceedings in case No. 9239 of 1989, State v. Zahrun Nisa, arising out of case crime No. 154 of 1989, under Sections 498 -A, 304 -B IPC, pending in the Court of learned Chief Metropolitan Magistrate, Kanpur Nagar.

(3.) THE ground for quashing the charge -sheet is that since the main accused i.e. husband and mother -in -law have already been acquitted after evaluating the entire evidence, principle of stare decisive will apply and the proceedings should be quashed. This argument is based on a decision of this Court in the case of Manoj v. State of U.P., 2004(1) JIC 178 (All) : 2004 (49) ACC 302. This Court has ruled that since two accused have already been acquitted and the same evidence is to be adjudicated for the second time, it will only amount to wastage of time. Admittedly, no conviction can be procured and there is no prospect of the case ending in conviction against the present applicant, it will only be a hallow formality of completing the procedure of the trial and it is almost certain that the trial will meet the same fate and entire exercise will be rendered futile. In such circumstances, the proceedings can be quashed in exercise of inherent powers applying the principle of the said case. I am in agreement with the argument of the Counsel for the applicant.