Irfan Hussain vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No.115 of 2022, “State vs. Irfan”, pending before the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar for the offence under Sections 498A, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Mohit Kumar, learned counsel for the applicant, Mr. A.K. Shah, learned Deputy Advocate General for the State and Km. Meenu, learned counsel for the respondent no.2/informant/victim.

The applicant – accused, Irfan Hussain and the respondent no.2 - Smt. Rahmat Jahan, wife of the applicant – accused and the informant/victim, are present in-person before this Court. The applicant is identified by Mr. Mohit Kumar, Advocate, and the respondent no.2 is identified by Km. Meenu, Advocate.

Both, the applicant 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 are living as husband and wife peacefully and happily. They further submitted that they have filed a joint Compounding Application (IA No.01 of 2022) along with their affidavits with their free will and without any pressure.

The learned counsel appearing for the State submitted that there were matrimonial disputes between the parties and after resolving their disputes they are living as husband and wife, therefore, the State has no objection.

Keeping in view of the totality of the facts 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.115 of 2022, “State vs. Irfan”, pending before the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar for the offence under Sections 498A, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961, are quashed.

Resultantly, the entire proceedings of Criminal Case No.115 of 2022, “State vs. Irfan”, pending before the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar for the offence under Sections 498A, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961, are quashed.

The Criminal Miscellaneous Application No.1308 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.