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2025 DAILYLAW 6369 (UTT)

MOHD RASHID v. STATE OF UTTARAKHAND

C528/624/2025 · 2025-09-03

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7841 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03RD SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.624 of 2025 Mohd. Rashid .....Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. S.K. Mandal, Advocate. Counsel for the Respondent: Mr. Tumul Nainwal, No.1 Assistant Government Advocate. Counsel for the Respondent : Mr. Deepak Singh Bisht, No.2/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 for quashing the entire proceedings of Criminal Case No.916 of 2024, “State vs. Rashid”, pending before the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar under Sections 323, 498A, 504, 506 of the Indian Penal Code, 1860, Section 3 and Section 4 of the Dowry Prohibition Act, 1961. 2. Heard Mr. S.K. Mandal, learned counsel for the applicant, Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1 and Mr. 1 2025:UHC:7841 Deepak Singh Bisht, learned counsel for the respondent no.2/informant-victim. 3. The applicant-accused Mohd. Rashid along with the respondent no.2-Smt. Rukshana/informant- victim is present through video conferencing. Applicant is identified by Mr. S.K. Mandal, Advocate. The respondent no.2 is identified by Mr. Deepak Singh Bisht, Advocate. 4. Both, the applicant, the husband of the respondent no.2, and the respondent no.2 submitted that they have settled their disputes. They are living together. They further submitted that they have filed a Compounding Application (IA No.01 of 2025) 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.916 of 2024. 5. The said request has not been opposed by the respondent no.1. 6. 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.916 of 2024, “State vs. Rashid”, pending before the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar, are quashed. 2 2025:UHC:7841 7. 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.916 of 2024, “State vs. Rashid”, pending before the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:03.09.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be7 53f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE 44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.03 18:45:59 +05'30'