High CourtsSingle Bench

Murad Ali And Another vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 27 July 2022 · Citation: (2022) 07 UK CK 0146

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 323, 498A, 504 · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 1272 Of 2022
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Judgment

12 paragraphs · 381 words

Alok Kumar Verma, J

1.

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No. 264 of 2022, “State vs. Murad Ali & Another”, pending before the court of 1st Judicial Magistrate, Roorkee, District Haridwar.

2.

Subsequent to the submission of the charge-sheet, the learned trial court took cognizance and passed the summoning order under Sections 323, 498A, 504 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961 against the applicants.

3.

Heard Mr. Mohd. Safdar, the learned counsel for the applicants, Mr. Pratiroop Pandey, the learned A.G.A. for the State and Ms. Reema Rana, the learned counsel for the respondent no.2.

4.

Both the applicants -accused persons, namely, Murad Ali and Smt. Munajra, are present in-person before this Court and they are identified by Mr. Mohd. Safdar, Advocate.

5.

The respondent no.2- Smt. Usmana, the informant/victim, is present in-person before this Court and she is identified by Ms. Reema Rana, Advocate.

6.

Both, the applicants and the respondent no. 2 submitted that there were matrimonial disputes between them and they have resolved their disputes and after resolving their disputes, they have filed a joint compounding application along with their affidavits.

7.

The respondent no. 2 further submitted that she has filed her affidavit with her free will and without any pressure and she does not want to proceed with the said criminal case against the applicants- accused persons.

8.

The learned counsel appearing for the State submitted that there were matrimonial disputes between the parties and they have resolved their disputes.

9.

Keeping in view of the totality of the fact and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No. 264 of 2022, “State vs. Murad Ali & Another”, pending before the court of 1st Judicial Magistrate, Roorkee, District Haridwar, are quashed.

10.

Resultantly, the entire proceedings of Criminal Case No. 264 of 2022, “State vs. Murad Ali & Another”, pending before the court of 1st Judicial Magistrate, Roorkee, District Haridwar, are quashed.

11.

The Criminal Misc. Application (No. 1272 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.