IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application No. 124 of 2006 1. Akhlak Ahmad s/o Sri Shakil Ahmad 2. Smt. Saima Pravin @ Chhomu Pravin W/o Sri Akhlak Ahmad Both residents of Ist floor of Diamond Restaurant Tallital, District Nainital. ...…………. Petitioners Versus 1. State of Uttaranchal 2. Anjum Pravin D/o Abid Hussain Resident of Annapurna Restaurant Mall Road, Nainital. At present wife of Akhlak Ahmad Resident of Upper Story of Diamond Restaurant Tallital, District Nainital. ...…………. Respondents Mr. Rajendra Kotiyal, Advocate for the petitioners. Mr. Prabhakar Joshi, Brief Holder for respondent No. 1. Mr. H.S. Rawal, Advocate for respondent No. 2. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioners, namely Akhlak Ahmad and Smt. Saima Paravin @ Chhomu Paravin have 2 challenged the proceedings of Criminal Case No. 1271 of 2005; State Vs. Akhlak and another, relating to offences punishable under Section 376, 493, 366, 368, 120-B of I.P.C., police station Tallital, pending in the court of Chief Judicial Magistrate, Nainital. 3) Learned counsel for the petitioners submitted that petitioner No. 1 Akhlak Ahmad has got married to respondent No. 2 Anjum Paravin. It is pleaded that the petitioner No. 1 and respondent No. 2 were in love before their marriage. It is also contended that respondent No. 2 was major on the date of alleged incident, and on the date of marriage. It is pleaded that both parties are Muslim, and as such, even second marriage is not invalid. 4) No counter affidavit has been filed either on behalf of respondent No. 1 or on behalf of respondent No. 2, since 2006, i.e. for last four years. Learned counsel for respondents concede that since the complainant herself has already got married to the petitioner No. 1, no useful purpose is going to be served by keeping the trial pending, against the petitioners. Perusal of the order dated 6th of April 2005, passed by this Court, in Writ Petition (Criminal) No. 331 of 2005 (M/B), copy of which is Annexure –5 to this petition, further shows that after lodging the first information report, the respondent No. 2 (who was respondent No. 5 in said case) appeared before this Court and made a statement that she has got married to petitioner No. 1 Akhlak Ahmad. On that 3 ground the arrest of the petitioners was stayed by this Court. 5) In the above circumstances, the petition under Section 482 of the Code of Criminal Procedure, 1973, is hereby allowed. The proceedings of Criminal Case No. 1271 of 2005; State Vs. Akhlak Ahmad and another, relating to offences punishable under Section 376, 493, 366, 368, 120-B of I.P.C., police station Tallital, pending in the court of Chief Judicial Magistrate, Nainital, are hereby quashed. (Prafulla C. Pant, J.) Dt. March 19, 2010. H. Negi 4