Ashraf Khan vs State Of Uttarakhand & Another

Pankaj Purohit, J

By means of present C528 application, applicant has sought the indulgence of this Court for quashing the impugned charge-sheet dated 21.12.2022, summoning order dated 23.12.2023 as well as the entire proceedings of Criminal Case No.5301 of 2023, State vs. Ashraf Khan, under Sections 323, 498-A, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961 and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, pending in the court of learned Judicial Magistrate/First Additional Civil Judge, Haldwani, District Nainital on the basis of amicable settlement between the parties.

Along with C528 application, a joint compounding application (IA No.1/2024) has also been moved by the parties, supported by their separate affidavits.

Both the parties i.e. applicant and respondent no.2-informant are present before the Court, being duly identified by their respective Advocates. In the compounding application, it is pleaded that parties have settled their dispute amicably, they will reside separately from each other by taking divorce, daughter of the spouse is living with the applicant (father) and do not want to pursue this criminal case anymore.

Since the parties have entered into compromise, therefore, there is no useful purpose for keeping this criminal case pending and it will be a futile exercise to ask the applicant to appear before the court below as accused to face the trial.

Accordingly, the present C482 application is allowed in terms of the compromise entered into between the parties terms whereof have been narrated in the compounding application. The said compromise shall form part of this judgment.

Consequently, the summoning order dated 23.12.2023 as well as the entire proceedings of Criminal Case No.5301 of 2023, State vs. Ashraf Khan, under Sections 323, 498-A, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961 and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, pending in the court of learned Judicial Magistrate/First Additional Civil Judge, Haldwani, District Nainital are hereby quashed. Resultantly, FIR No.197 of 2022 registered at Police Station Lalkuwan, District Nainital, pursuant to which Charge Sheet dated 21.12.2022 was filed and the said charge-sheet shall stand quashed.

Office to do the needful.