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2025 DAILYLAW 13285 (UTT)

MOHAMMAD AMIR v. STATE OF UTTARAKHAND

C528/921/2024 · 2025-07-31

Ashish Naithani

body2025

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:6735 IA No.1 of 2024 (Compounding Application) In C528 No.921 of 2024 Hon’ble Ashish Naithani, J. Mr. Siddhartha Sah, learned counsel for the Applicants. 2. Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand/1. 3. Mr. Ramji Shrivastava, learned counsel for the Respondent No.2. 4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicants have put a challenge to the entire proceedings of Criminal Case No.5760 of 2021 “State Vs. Wasid and others” for the offences punishable under Sections 147, 323 and 504 of IPC, pending before the court of learned Judicial Magistrate, Dehradun. 5. Along with C528 application of BNSS, there is a compounding application with a prayer that since the Applicants and Respondent No.2 as well as injured are resident of same locality, therefore, due to the interference of some respectable citizens of the society, the Applicants and Respondent No.2 as well as injured entered into a compromise deciding to live peacefully and cordially and further decided to withdraw the criminal case initiated by them against each other. 6. The parties are present in person before this Court except Applicant No.5 Mohd Sajid, who is present through video conferencing online, who have been duly identified by their respective counsel, whereby the parties have made a statement that they have come into the terms of the compromise and do not wish to proceed with the matter any further. 7. Learned State Counsel vehemently opposes the compounding application. 8. Heard learned counsel for the parties and perused the material available on record. 9. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 10. 10. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.5760 of 2021 “State Vs. Wasid and others” for the offences punishable under Sections 147, 323 and 504 of IPC, pending before the court of learned Judicial Magistrate, Dehradun, are quashed. 11. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.5760 of 2021 “State Vs. Wasid and others” for the offences punishable under Sections 147, 323 and 504 of IPC, pending before the court of learned Judicial Magistrate, Dehradun, are hereby quashed. 12. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. (Ashish Naithani, J.) 31.07.2025 Nitesh/