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2025 DAILYLAW 12022 (UTT)

ASIF ALIAS MOHD ASIF ALIAS MOHD ASHIF v. STATE OF UTTARAKHAND

C528/1767/2025 · 2025-10-08

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8885 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08th OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1767 OF 2025 Asif Ali Mohd. Asif alias Mohd. Asif and Others ... Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Shariq Khurshid, Advocate. Counsel for the Respondent: Mr. Chitrarth Kandpal, Brief No.1 Holder. Counsel for the Respondent : Mr. Prince Chauhan, No.2-informant Advocate. Hon’ble Alok Kumar Verma,J. This Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the entire proceedings of Criminal Case No.11 of 2022, “State of Uttarakhand vs. Mohd. Asif and Others”, pending before the court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar under Sections 323, 452, 498A, Section 506 of the Indian Penal Code, 1860, Section 3 and Section 4 of the Dowry Prohibition Act, 1961. 2. Mr. Shariq Khurshid, learned counsel for the applicants-accused. 3. Mr. Chitrarth Kandpal, learned Brief Holder for the respondent no.1. 1 2025:UHC:8885 4. Mr. Prince Chauhan, learned counsel for the respondent no.2-informant and the wife of the applicant no.1. 5. Applicants are present in-person. They are identified by Mr. Shariq Khurshid, Advocate. 6. The respondent no.2 is present in-person. She is identified by Mr. Prince Chauhan, Advocate. 7. Both, the applicants and the respondent no.2 submitted that there were some matrimonial disputes. They have resolved their disputes. They have filed a Compounding Application (IA No.1 of 2025) and affidavits with their free will and without any pressure. 8. The applicant no.1 and the respondent no.2 submitted that they are living together. The respondent no.2 has requested to quash the entire proceedings of the said Criminal Case No.11 of 2022 9. The said request has not been opposed by the respondent no.1. 10. 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.11 of 2022, “State of Uttarakhand vs. Mohd. Asif and Others”, pending before the court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar, are quashed. 11. Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2 2025:UHC:8885 2023, is allowed and the entire proceedings of Criminal Case No.11 of 2022, “State of Uttarakhand vs. Mohd. Asif and Others”, pending before the court of learned Judicial Magistrate, Jaspur, District Udham Singh Nagar, are hereby quashed. ___________________ Date: 08.10.2025 ALOK KUMAR VERMA, J. Pant/ 3