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2025 DAILYLAW 10563 (UTT)

NAFIS AHMAD AND ORS v. STATE OF UTTARAKHAND

C528/1495/2025 · 2025-08-27

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7616 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 27TH AUGUST, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1495 of 2025 Nafis Ahmad and Others ..... Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Shariq Khurshid, Advocate. Counsel for the Respondent : Mr. Sandeep Sharma, No.1 Assistant Government Advocate assisted by Mrs. Rangoli Purohit, Brief Holder. Counsel for the Respondent no.2/ : Mr. Prince Chauhan, Informant- victim Advocate. Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the applicants to quash the entire proceedings of Criminal Case No.1745 of 2023, “State vs. Nafis and Others”, pending before the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. 2. Subsequent to the submission of the charge- sheet, the learned Magistrate took cognizance and passed the summoning order against the applicant no.1 Nafis under Sections 498A, 323, 504, 506 of the Indian Penal Code, 1860, Section 3, Section 4 of the Dowry 1 2025:UHC:7616 Prohibition Act, 1961 and Section 3 read with Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and against the applicant nos.2 to 5 under Sections 323, 498A, 504, 506 of the Indian Penal Code, 1860, Section 3 and Section 4 of the Dowry Prohibition Act,1961. 3. Heard Mr. Shariq Khurshid, learned counsel for the applicants, Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent no.1 and Mr. Prince Chauhan, learned counsel for the respondent no.2/informant-victim. 4. Applicant no.1 is the husband of the informant. Applicant nos.2 to 5 are the family members of the applicant no.1. 5. All the applicants are present in-person. They are identified by Mr. Shariq Khurshid, Advocate. The respondent no.2/informant-victim, is present in-person. She is identified by Mr. Prince Chauhan, Advocate. 6. Both, the applicants and the respondent no.2 submitted that they have settled their matrimonial disputes. They have filed a Compounding Application (IA No.01 of 2025) with affidavits. 2 2025:UHC:7616 7. The applicant and the respondent no.2 further submitted that they have filed the compounding application and affidavits with their free will and without any pressure. The respondent no.2 has requested to quash the entire proceedings of Criminal Case No.1745 of 2023. 8. The request of the applicants and the respondent no.2 has not been opposed by the State. 9. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Criminal Case No.1745 of 2023, “State vs. Nafis and Others”, pending before the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are quashed. 10. Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Criminal Case No.1745 of 2023, “State vs. Nafis and Others”, pending before the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:27.08.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e 9a4a8038ee7326b08b2d0e018b0 1be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB96 77068452F32DE6BA960BFE64D81 9EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.27 19:30:36 +05'30'