Islam Navi 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.561 of 2022, “State vs. Islam Navi”, pending before the court of Judicial Magistrate, Bazpur, District Udham Singh Nagar.

Subsequent to the submission of the charge-sheet, the trial court took cognizance and passed the summoning order dated 29.06.2022 under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 against the present applicant-accused.

Heard Mr. Vikas Anand, the learned counsel for the applicant, Mr. Rohit Dhyani, the learned Brief Holder for the State and Mr. B.S. Koranga, the learned counsel for the respondent no.2/informant/victim.

The applicant-Islam Navi is present in-person before this Court. He is identified by Mr. Vikas Anand, Advocate.

The respondent no.2- Smt. Naazmeen, the informant/victim, is present in-person before this Court. She is identified by Mr. B.S. Koranga, Advocate.

The applicant and the respondent no.2, submitted that there were matrimonial disputes between them and after resolving their disputes, they have filed present application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of the said criminal case. They further submitted that they have filed their affidavits with their free will and without any pressure.

The respondent no.2- Smt. Naazmeen submitted that she does not want to proceed with the said criminal case against the present applicant.

The learned counsel for the State, submitted that there were matrimonial disputes between the parties and they have resolved their disputes, therefore, the State has no objection.

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.561 of 2022, “State vs. Islam Navi”, pending before the court of Judicial Magistrate, Bazpur, District Udham Singh Nagar, are quashed.

Resultantly, the entire proceedings of Criminal Case No.561 of 2022, “State vs. Islam Navi”, pending before the court of Judicial Magistrate, Bazpur, District Udham Singh Nagar, are quashed.

The Criminal Misc. Application (No.1205 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.