2025:UHC:6599 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 2069 of 2023 29 July, 2025 Anzar Hussain Alias Hussain and Another --Applicants Versus State of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Vishal Vikram Singh, learned counsel for the applicants. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for State of Uttarakhand/respondent No.1. Mr. Avidit Noliyal, learned counsel for respondent No.2. Hon’ble Pankaj Purohit, J. (Oral) Delay in filing the counter affidavit is condoned. Counter affidavit filed by the State is taken on record. Delay Condonation Application (IA/1/2023) made therefor, is allowed. 2. By means of the present C482 application, the applicants have put to challenge the impugned Charge-sheet dated 28.11.2021, cognizance/summoning order dated 22.01.2022 and entire proceedings of Criminal Case No.795 of 2022 State Vs. Anzar Hussain and Others, for the offences punishable under Sections 323, 506 and 541 IPC, pending before the learned Judicial Magistrate First, Rudrapur, District Udham Singh Nagar. 3. Along with the present C482 application, a joint compounding application (IA/3/2025) is filed duly supported by separate affidavits by applicants and respondent No.2. 4. In the compounding application, it has been stated by the parties that they have settled their dispute amicably and the respondent No.2 does not want to pursue with the case anymore. 5. Applicant No.1- Anzar Hussain@ Hussain is present before this Court, while applicant No.2-Shaista Parveen and respondent No.2-Aasma, are present before this Court through V.C., who are duly identified by their respective 1 2025:UHC:6599 counsel. On interaction, respondent No.2 categorically stated that she and the applicants are family members and she is wife of brother of applicant No.1 and the matter is now amicably settled by them with their free will and without any coercion, therefore, she has no grievance against the applicants and she does not want to prosecute the applicants in the aforesaid matter any further. 6. Learned State Counsel has no objection, if the present matter is compounded, as all the offences are compoundable. 7. Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter. 8. Accordingly, compounding application (IA/3/ 2025) is allowed. 9. In view of the above, the present C482 application is allowed in terms of the compromise. The entire proceedings of Criminal Case No.795 of 2022 State Vs. Anzar Hussain and Others, for the offences punishable under Sections 323, 506 and 541 IPC, pending before the learned Judicial Magistrate First, Rudrapur, District Udham Singh Nagar, is hereby quashed. Resultantly, the Charge Sheet dated 28.11.2021 and FIR No.336 of 2021 dated 16.10.2021, registered at P.S. Gadarpur, District Udham Singh Nagar, stand quashed. (Pankaj Purohit, J.) 29.07.2025 PN 2 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe383 31bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE 064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.30 10:22:53 +05'30'