Suhail Khan vs State Of Uttarakhand And Another
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Uttarakhand High Court

Suhail Khan vs State Of Uttarakhand And Another on 21 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
      Criminal Misc. Application No. 430 of 2024
Suhail Khan                                          ............Petitioner
                                    Vs.
State of Uttarakhand and another                ............ Respondents
Present :   Ms. Shruti Joshi, Advocate for the petitioner.
            Ms. Manisha Rana Singh, AGA for the State/respondent no.1.
            Mr. Digvijay Singh Bisht, Advocate for respondent no.2.

                               JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant petition under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 has been

preferred by the petitioner for quashing the charge-sheet

dated 10.08.2022, cognizance order dated 02.12.2022,

under Sections 498-A, 504 IPC; Sections 3/4 of the Dowry

Prohibition Act, 1961 and Sections 3/4 of the Muslim

Women (Protection of Rights on Marriage) Act, 2019, passed

in Criminal Case No.8452 of 2022, State vs. Suhail Khan,

passed by the court of 4th Additional Chief Judicial

Magistrate, Dehradun ("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; the petitioner and the respondent

no.2 have decided to stay separate.

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 have settled the dispute amicably.

5. The Court particularly asked the informant

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

the dispute amicably; they have decided to stay separate

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 petition deserves to be

allowed.

7. The petition is allowed. The charge-sheet dated

10.08.2022, cognizance order dated 02.12.2022 as well as

entire proceedings of the case, are hereby quashed.

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

stands disposed of accordingly.

(Ravindra Maithani, J.) 21.09.2024 Sanjay