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2025 DAILYLAW 1242 (UTT)

ASIF ANSARI AND ORS v. STATE OF UTTARAKHAND

C528/62/2025 · 2025-04-22

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:2964 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 62 of 2025 (u/s 528 of B.N.S.S.) 22 April, 2025 Asif Ansari & 03 others --Petitioners Versus State Of Uttarakhand & 02 Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. K.K. Harbola, Advocate for the petitioners Mr. Deepak Bisht, Deputy A.G. for the State Mr. Dheeraj Joshi, Advocate for respondent no.3 ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. (Oral) By means of present petition, petitioners seek to quash and set-aside the charge-sheet dated 12.07.2024, cognizance order dated 19.09.2024, Non-Bailable Warrant issued against the petitioners vide order dated 17.12.2024 passed by Chief Judicial Magistrate, Champawat and the entire proceedings of Criminal Case No.2004 of 2024 “State vs. Asif Ansari and others”, under Section 307 IPC r/w Section 34 of IPC, pending in the court of Chief Judicial Magistrate, Champawat, District Chamapwat, on the basis of compromise arrived at between the parties. 2. In view of the fact that a Compounding Application was filed by the parties before this Court, this Court, vide order dated 27.03.2025, had directed the parties to appear before the Secretary, DLSA, Chamapwat to get their statements recorded and to verify the compromise deed. 1 2025:UHC:2964 3. Pursuant to such order, Secretary, DLSA, Chamapwat has submitted report dated 29.03.2025 which indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise. 4. In view of the above, Compounding Application IA No.1/2025 is allowed. As a consequence thereof, charge-sheet dated 12.07.2024, cognizance order dated 19.09.2024, Non- Bailable Warrant issued against the petitioners vide order dated 17.12.2024 passed by Chief Judicial Magistrate, Champawat and the entire proceedings of Criminal Case No.2004 of 2024 “State vs. Asif Ansari and others”, under Section 307 IPC r/w Section 34 of IPC, pending in the court of Chief Judicial Magistrate, Champawat, District Chamapwat, are hereby quashed qua the petitioners. 5. Accordingly, present petition is disposed of, on the basis of compromise/settlement arrived at between the parties. (Vivek Bharti Sharma, J.) 22.04.2025 Rajni 2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac3 701a9ae475a2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4F C80D4557562F95BEBA013F530616A158A0A8 78BD8, cn=RAJINI GUSAIN Date: 2025.04.23 17:54:38 +05'30'