Uttarakhand High Court
Nafis Ahmad And Others ….. Applicants vs State Of Uttarakhand And Another on 27 August, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2025:UHC:7616
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
27TH AUGUST, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO.1495 of 2025
Nafis Ahmad and Others ..... Applicants
Versus
State of Uttarakhand and Another .....Respondents
Counsel for the Applicants : Mr. Shariq Khurshid,
Advocate.
Counsel for the Respondent : Mr. Sandeep Sharma,
No.1 Assistant Government
Advocate assisted by
Mrs. Rangoli Purohit,
Brief Holder.
Counsel for the Respondent no.2/ : Mr. Prince Chauhan,
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 by the applicants to quash the entire proceedings
of Criminal Case No.1745 of 2023, “State vs. Nafis and
Others“, pending before the court of Additional Chief
Judicial Magistrate, Kashipur, District Udham Singh
Nagar.
2. Subsequent to the submission of the charge-
sheet, the learned Magistrate took cognizance and
passed the summoning order against the applicant no.1
Nafis under Sections 498A, 323, 504, 506 of the Indian
Penal Code, 1860, Section 3, Section 4 of the Dowry
1
2025:UHC:7616
Prohibition Act, 1961 and Section 3 read with Section 4
of the Muslim Women (Protection of Rights on
Marriage) Act, 2019 and against the applicant nos.2 to
5 under Sections 323, 498A, 504, 506 of the Indian
Penal Code, 1860, Section 3 and Section 4 of the
Dowry Prohibition Act,1961.
3. Heard Mr. Shariq Khurshid, learned counsel
for the applicants, Mr. Sandeep Sharma, learned
Assistant Government Advocate for the respondent
no.1 and Mr. Prince Chauhan, learned counsel for the
respondent no.2/informant-victim.
4. Applicant no.1 is the husband of the
informant. Applicant nos.2 to 5 are the family members
of the applicant no.1.
5. All the applicants are present in-person. They
are identified by Mr. Shariq Khurshid, Advocate. The
respondent no.2/informant-victim, is present in-person.
She is identified by Mr. Prince Chauhan, Advocate.
6. Both, the applicants and the respondent no.2
submitted that they have settled their matrimonial
disputes. They have filed a Compounding Application
(IA No.01 of 2025) with affidavits.
2
2025:UHC:7616
7. The applicant and the respondent no.2
further submitted that they have filed the compounding
application 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.1745 of 2023.
8. The request of the applicants and the
respondent no.2 has not been opposed by the State.
9. 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.1745 of
2023, “State vs. Nafis and Others“, pending before the
court of Additional Chief Judicial Magistrate, Kashipur,
District Udham Singh Nagar, are quashed.
10. 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.1745 of 2023, “State vs. Nafis and
Others“, pending before the court of Additional Chief
Judicial Magistrate, Kashipur, District Udham Singh
Nagar, are hereby quashed.
___________________
ALOK KUMAR VERMA, J.
Dt:27.08.2025
Neha
NEHA 3
BISHT
Digitally signed by NEHA BISHT
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT
OF UTTARAKHAND,
2.5.4.20=6f1c15b6305912b3f008e
9a4a8038ee7326b08b2d0e018b0
1be753f014836d27,
postalCode=263001,
st=UTTARAKHAND,
serialNumber=3D89DC33779FB96
77068452F32DE6BA960BFE64D81
9EE44CA9CCE487B2FE0F92,
cn=NEHA BISHT
Date: 2025.08.27 19:30:36 +05’30’
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