C482/671/2011 of ABDUL MOIN KHAN AND ORS Vs STATE OF UTTARAKHAND AND ANR

Court: Uttarakhand High Court
Decision date: 2011-07-28
Case number: 1092 of 2010

Parties

Show Room, Bareilly District Bereilly (U.P (PETITIONER)
State of Uttarakhand, through Secretary Home (RESPONDENT)

Cites (1 resolved of 2 detected)

B.S. JOSHI AND ORS. versus STATE OF HARYANA AND ANR. (2003)

Statutes cited (3)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application(C482) No. 671 of 2011

1.Abdul Moin Khan

S/o Abdul Naim Khan

2.Abdul Naim Khan

S/o Abdul Latif Khan

3.Smt. Saleem Begum,

W/o Abdul Naim

4.Kaleem Khan, S/o Abdul Naim

5.Smt. Mahvees, W/o Aleem Khan

All R/o No. 54 Near Dulha Miyan Ki Mazar

City Station Road, Above Mahindra

Show Room, Bareilly District Bereilly (U.P.)

………..…Petitioners

Versus

1.State of Uttarakhand, through Secretary Home

Uttarakhand, Dehradun

2.Smt. Benzir KhanW/o Shri Abdul Moin KhanW/o Shri Abdul Moin Khan

D/o Shri Wazzan Khan

R/o Gali No. 1 behind Uttar Ujala Press

Bereilly Road, Haldwani, District Nainital

....……Respondents

Shri Amish Tiwari, Advocate, present for the petitioners.Shri S.S. Adhikari, A.G.A., present for the State.Shri T.A. Khan, Advocate, present for the respondent no. 2.

Hon’ble Prafulla C. Pant, J.

Heard.

2.By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for

short Cr.P.C.) the petitioners have sought quashing of the proceedings of criminal case no. 1092 of 2010, State vs. Abdul Moin Khan & others, relating to offences punishable under section 498A, 323, 313 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital.

3.Learned counsel for the parties state that parties to matrimony have entered into compromise. Copy of compromise is annexed as Annex. 4 to the petition. Petitioner no. 1 Abdul Moin Khan and respondent no. 2 Benzir Khan are present in the court, identified by their counsel. They verified the compromise. Respondent no. 2 stated before this Court that she does not want to prosecute the petitioners, and she has started living happily with her husband.

4.In view of the principle of law laid down in B.S. Joshi vs. State of Haryana (2003) 4SCC, page 675, this petition under section 482 Cr.P.C., is allowed. The proceedings of criminal case no. 1092 of 2010, State vs. Abdul Moin Khan & others, relating to offences punishable under section 498A,

323, 313 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are hereby quashed.

Parul

(Prafulla C. Pant, J.) 28.07.2011