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2025 DAILYLAW 12897 (UTT)

MOHD. SHANU v. STATE OF UTTARAKHAND

C528/805/2024 · 2025-03-10

Alok Mahra

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1634 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.805 of 2024 Hon’ble Alok Mahra, J. Ms. Medha Pande, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand/ respondent nos.1 & 2. Mr. Vishwasth Kandpa, Advocate, holding brief of Mr. Apoorv Chauhan, Advocate for respondent nos.3 & 4. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 28.06.2024 as well as summoning order and the entire proceedings of Special Sessions Trial No. 783 of 2024, pending in the Court of F.T.C./Additional Sessions Judge/Special Judge POCSO, District Udham Singh Nagar, on the basis of compromise between the parties. 3. Along with present C528 application, a joint compounding application (IA No.1/ 2024) has been filed by the parties. In the compounding application, it is stated that the parties have settled the dispute amicably, parties are ready to compound the aforesaid case and the entire proceedings arises there- from. It is further stated in the compounding application that respondent no.3 does not want to prosecute the applicant in the aforesaid case. 4. Applicant and respondent no.4 are present before this Court and are duly identified by their counsel. It is submitted by the parties that applicant and respondent no.4 have married according to Muslim rites and are living happily. 2025:UHC:1634 5. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 6. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 7. Following the aforesaid ratio, present compounding application (IA/1/2024) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Special Sessions Trial No. 783 of 2024, pending in the Court of F.T.C./Additional Sessions Judge/Special Judge POCSO, District Udham Singh Nagar, are hereby quashed. 8. C-528 application stands disposed of. (Alok Mahra, J.) 10.03.2025 Arpan 2025:UHC:1634