C482/1353/2019 of NAJIM HUSSAIN Vs STATE OF UTTARAKHAND
Parties
- Najim Hussain (PETITIONER)
- State of Uttarakhand & Another (RESPONDENT)
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Statutes cited (3)
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Compounding Application (CRMA 2024/2019) In
CRIMINAL MISCELLANEOUS APPLICATION No. 1353/2019 (Under Section 482 of the CrPC)
Najim Hussain
…….Applicant
Versus
State of Uttarakhand & Another
……Respondents
Mr. Sanjay Kumar, Advocate, for the applicant. Ms. Manisha Rana Singh, AGA, for the State/respondent no. 1. Mr. Tapan Singh, Advocate, for the complainant/respondent no. 2. Applicant and the complainant are present in person.
July 30, 2019
Hon’ble Narayan Singh Dhanik. (Oral)
Present criminal miscellaneous application under Section 482 CrPC, along with the compounding application, is preferred to quash the summoning order dated 30.9.2015 and the entire proceedings of Case No. 2098 of 2015, under sections 498A, 323 IPC and one under Section 4 of the Dowry Prohibition Act, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.
The joint compounding application is duly supported by the affidavits of the accused applicant as well as the complainant Smt. Rahil Perveen wherein it has been stated that parties have entered into compromise and the dispute between them has amicably been settled and now, the complainant has no grievance or grudge against the accused person and, therefore, she does not want to prosecute the accused applicant.
Accused applicant and the complainant, duly identified by their respective Counsel, are present in person before this Court. They ratified the fact that they have
entered into compromise and now, there is no dispute between them.
Offences under Section 498A IPC and Section 4 of the Dowry Act are non-compoundable. However, considering the law propounded by the Hon’ble Apex Court rendered in Nikhil Merchant v. C.B.I. & Ors,(2008) 9 SCC677; B.S. Joshi v. State of Haryana & Anr. reported in (2003) 4 SCC 675, and inGian Singh v. State of Punjab & Another, (2012) 10 SCC 303,the compromise entered into between the parties is accepted. Compounding application is allowed.
Consequently, the impugned the summoning order dated 30.9.2015 and the entire proceedings of Case No. 2098 of 2015, under sections 498A, 323 IPC and one under Section 4 of the Dowry Prohibition Act, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar are hereby quashed. Present criminal miscellaneous application stands disposed of accordingly.
Prabodh
(Narayan Singh Dhanik, J.)