C482/497/2012 of RAIS AHMAD AND ANR Vs SMT. RUSHADA RAHMAN

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application (C482) No. 497 of 2012

with

Compounding Application No. 552 of 2012

1.Rais AhmadS/o Mr. Akhtar AliR/o Mohalla Aabaj GanjS/o Mr. Akhtar AliR/o Mohalla Aabaj Ganj

Behind T.B. Hospital, Lucknow U.P.

2.Akhtar Ali, S/o Mohammad NabiR/o Mohalla Aabaj GanjBehind T.B. Hospital, Lucknow U.P.R/o Mohalla Aabaj GanjBehind T.B. Hospital, Lucknow U.P.

…..…Petitioners

Versus

Smt. Rushada Rahman

D/o TaviburrahmanR/o Mohalla Azad Nagar (behind Gopal Mandir)Haldwani, District Nainital

....…….Respondent

Mr. Lalit Sharma, Advocate, present for the petitioner.Mr. Pankaj Chaturvedi, Advocate, present for the respondent .

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 complaint case no. 1088 of 2009, Smt. Rushada Rahman vs.

Rais Ahmad, relating to offence punishable under section 406 IPC, pending in the court of Additional Chief Judicial Magistrate, Haldwani.

3.Learned counsel for the petitioners, and learned counsel for the respondent (complainant) stated that parties to matrimony have entered into compromise, and the respondent does not want to prosecute the petitioners.

4.Smt. Rushda Rahman identified by her counsel Mr. Pankaj Chaturvedi, Advocate, is present in Court. She verified the fact that she had entered into compromise with her husband, and in terms of the compromise she want to withdraw the criminal complaint case against the petitioners. She further stated that proceedings of impugned criminal complaint case pending before the trial court may be quashed. The dispute between the parties has arisen out of the matrimonial discord.

5.In the above circumstances, in view of principle of law laid down in B.S. Joshi vs. State of Haryana (2003) 4SCC page 675,the compounding application moved on behalf of the

parties supported by the affidavits of petitioner no. 1 and respondent, deserves to be allowed.

6.Accordingly, the petition under section 482 Cr.P.C., is allowed. The proceedings of criminal complaint case no. 1088 of 2009, Smt. Rushada Rahman vs. Rais Ahmad, relating to offence punishable under section 406 IPC, pending in the court of Additional Chief Judicial Magistrate, Haldwani, are hereby quashed. (Compounding application no. 552 of 2012, also stands disposed of).

Parul

(Prafulla C. Pant, J.)

18.05.2012