Mohd. Irfan vs State Of Uttarakhand And Another
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Uttarakhand High Court

Mohd. Irfan vs State Of Uttarakhand And Another on 20 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

      Criminal Misc. Application No. 424 of 2024
Mohd. Irfan                                           ..........Petitioner
                                    Vs.
State of Uttarakhand and another                  ........ Respondents


Present :   Ms. Shruti Joshi, Advocate for the petitioner.
            Mr. M.A. Khan, AGA with Mr. Vipul Painuli, Brief Holder for the
            State/respondent no.1.
            Mr. Digvijay Singh Bisht, Advocate for respondent no.2.



                              JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of charge-sheet

dated 14.11.2022 and summoning order dated

20.07.2024 in FIR No.138 of 2022, dated 15.05.2022,

under Sections 494, 506 IPC and Sections 3/4 of the

Muslim Women (Protection of Rights on Marriage) Act

2019, Police Station Kotwali Kotdwar, District Pauri

Garhwal, passed in Criminal Case No.1603 of 2023, State

vs. Mohd. Irfan, pending in the court of Judicial

Magistrate, Kotdwar, District Pauri Garhwal ("the case")

as well as entire proceeding of the case on the basis of

amicable settlement between the parties. A joint

compounding application has also been filed supported by

the affidavits.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the parties would submit

that it was a matrimonial discord. The parties have

settled the dispute amicably.

4. The petitioner and the respondent no.2 are

before the Court, as identified by their respective counsel.

They have verified the compromise. They have stated that

they settled the dispute amicably.

5. The Court particularly asked the informant

(respondent no.2). She would submit that they have

settled the dispute amicably and she does not want to

proceed with the case.

6. Having considered the nature of the offence

and other attending factors, this Court is of the view that

the petition may be decided on the basis of compromise

between the parties. Accordingly, the criminal misc.

application deserves to be allowed.

7. The instant petition is allowed. The charge-

sheet dated 14.11.2022 and summoning order dated

20.07.2024 as well as entire proceedings of the case, are

hereby quashed qua the petitioner.

8. Compounding Application (IA) No.1 of 2024

stands disposed of accordingly.

(Ravindra Maithani, J.) 20.09.2024 Sanjay