Hon'Ble Sharad Kumar Sharma vs Unknown
2023 Latest Caselaw 1201 UK

                      Office Notes,
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         Date                                       COURT'S OR JUDGES'S ORDERS
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      01.05.2023                        C482 No. 835 of 2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Singh Chauhan, Advocate, for the applicant.

Mr. Pratiroop Pande, AGA, for the State.

Ms. Vandana Singh Mehra, Advocate, for the respondent.

The C482 Application has been preferred by the applicant, challenging the proceedings of Criminal Case No. 3430 of 2020, State Vs. Mohd. Rahman Mazhar, whereby the applicant has been summoned by an order dated 22.06.2022, to be tried for the offences under Sections 323, 504 & 506 of IPC and Sections 3/4 of Dowry Prohibition Act.

The C482 Application is accompanied with the Compounding Application No. IA/1/2023, which has been duly signed by both the parties, including their respective counsels, who have verified their contents.

The learned counsels have also identified their respective clients who have participated in the proceedings by appearing in person.

This Court has also interacted with the complainant, and the complainant submitted that since the present applicant has already solemnised the second marriage, and owing to it, already a proceeding under Section 28 of the Special Marriage Act, 1954, has been initiated before the learned Family Court, Haldwani, District Nainital on 10.04.2023.

The complainant and the present applicant have submitted, that they do not want to continue with the proceedings any further as their matrimony may be governed by the judgment to be rendered in Divorce Case No. 123 of 2023, Mohd. Rahman Mazhar Vs. Salma Begam.

Owing to the aforesaid facts, that since they are already under litigation for dissolution of marriage under the provisions of Special Marriage Act, and particularly, the statement made by the complainant that she does not intend to prosecute the present applicant any further, and being conscious of the fact that it is absolutely a personal dispute inter se between the parties, the C482 Application would stand allowed, and as a consequence thereto, the proceedings of Criminal Case No. 3430 of 2020, State Vs. Mohd. Rahman Mazhar, pending consideration before the Court of Judicial Magistrate, Haldwani, District Nainital, would hereby stand quashed.

(Sharad Kumar Sharma, J.) 01.05.2023 Mahinder/