Mohammad Salman 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.303 of 2022, “State vs. Mohammad Salman and Others”, pending before the Judicial Magistrate/ Civil Judge (Junior Division), Sitarganj, District Udham Singh Nagar.

After completion of the investigation, charge-sheet was filed against the present applicant - accused. The learned trial court took cognizance and passed the summoning order under Sections 498A, 325, 504, 506 of IPC, Section 3/4 of the Dowry Prohibition Act, 1961 and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 against the present applicant.

Heard Mr. Shariq Khurshid, learned counsel holding brief of Mr. Abhishek Verma, learned counsel for the applicant, Mr. S.T. Bharadwaj, learned Deputy Advocate General for the State and Mr. Mehboob Rahi, learned counsel for the respondent no.2/informant/victim.

The applicant – Mohammad Salman is present in-person before this Court and he is identified by Mr. Shariq Khurshid, Advocate.

The applicant – Mohammad Salman has filed a supplementary affidavit dated 29.06.2022 stating therein that the respondent no.2 is still his wife.

The respondent no.2 – Smt. Iram Bi, wife of the applicant, informant/victim, is present in-person before this Court and she is identified by Mr. Mehboob Rahi, Advocate.

Both, the applicant and the respondent no.2 submitted that there were matrimonial disputes between them and they have resolved their disputes. They further submitted that after resolving their disputes, they have filed a joint Compounding Application (IA No.01 of 2022) with their affidavits.

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

The learned counsel appearing 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 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.303 of 2022, “State vs. Mohammad Salman and Others”, pending before the Judicial Magistrate/ Civil Judge (Junior Division), Sitarganj, District Udham Singh Nagar, are quashed, qua the applicant – Mohammad Salman only.

Resultantly, the entire proceedings of Criminal Case No.303 of 2022, “State vs. Mohammad Salman and Others”, pending before the Judicial Magistrate/ Civil Judge (Junior Division), Sitarganj, District Udham Singh Nagar, are quashed, qua the applicant – Mohammad Salman only.

The Criminal Miscellaneous Application No.1055 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.