C482/498/2012 of KARI RAIS AHMAD Vs STATE OF UTTARAKHAND AND ANR

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application (C482) No. 498 of 2012

with

Compounding Application No. 550 of 2012

Kazi Rais AhmadS/o Mr. Akhtar AliR/o Mohalla Aabaj GanjBehind T.B. Hospital, Lucknow U.P.

…..…Petitioner

Versus

1. State of Uttarakhand through through Principal Secretary, Home, Government of Uttarakhand, DehradunSecretary, Home, Government of Uttarakhand, Dehradun

2.Tabibur Rahman, S/o Mr. RahmanR/o Behind Gopal Mandir, Nai BastiBanbhulpura, Police Station HaldwaniDistrict NainitalR/o Behind Gopal Mandir, Nai BastiBanbhulpura, Police Station HaldwaniDistrict Nainital

....…….Respondents

Mr. Lalit Sharma, Advocate, present for the petitioner.Mr. B.S. Parihar, Brief Holder, present for the State.

Mr. Pankaj Chaturvedi, 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 petitioner has sought quashing of the proceedings of criminal case no. 663 of 2007, State vs. Daud and others, relating to

offences punishable under section 498A, 504, 313 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Haldwani.

3.Learned counsel for the petitioner, and learned counsel for the respondent no. 2 (complainant) stated that petitioner Rais Ahmad has entered into compromise with his wife Rushda Rahman.

4.Respondent no. 2 Tabibur Rahman (complainant) and his daughter Rushda Rahman identified by their counsel Mr. Pankaj Chaturvedi, Advocate, are present in Court. They verified the fact that parties to matrimony have entered into compromise. Respondent no. 2 and his daughter stated that they do not want to prosecute the petitioner. compounding application has been filed alongwith affidavits filed by the petitioner and respondent no. 2.

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 petition

under section 482 Cr.P.C., deserves to be allowed.

6.Accordingly, the petition under section 482 Cr.P.C., is allowed. The proceedings of criminal case no. 663 of 2007, State vs. Daud and others, relating to offences punishable under section 498A, 504, 313 IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, pending in the court of Additional Chief Judicial Magistrate, Haldwani, are hereby quashed. (Compounding application no. 550 of 2012, also stands disposed of).

Parul

(Prafulla C. Pant, J.)

18.05.2012