2025:UHC:6470 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-482No. 2710 of 2019 Hon’ble Ashish Naithani, J. Mr. Chirag Arora, learned counsel holding brief of Mr. Arjun Arora, learned counsel for the Applicanst. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Abhishek Verma, learned counsel for the Respondent No. 2. 4. The present application under Section 482 of the Cr.P.C., has been filed on behalf of the Applicants against Respondent No. 2 – Omveer Diwakar S/o Bhagwan Das, seeking quashing of the charge-sheet dated 01.04.2017, the cognizance order dated 20.05.2017, and the entire proceedings of Sessions Trial No. 208 of 2018, “State vs. Sher Mohammad and Others”, for offences punishable under Sections 147, 148, 149, 323, 307, 504, 506, and 34 of the Indian Penal Code, 1860, pending before the Court of the learned IInd Additional Sessions Judge, District Udham Singh Nagar (Rudrapur). 5. Along with the C-528 Application, a joint Compounding Application (CRMA No. 3891 of 2019, Paper No. 44) has been filed, wherein it is stated that the parties have arrived at a compromise. 6. Learned counsels for the parties submit that Applicant No. 1 – Sher Mohammad S/o Ashaq Ali has passed away, in support of which a certified copy of the death certificate, issued by the Nagar Panchayat, Kaladhungi, District Nainital, has been annexed as Annexure No. UA-1 to the Compounding Application. 7. Today, Applicant Nos. 2 to 4 – Islam Ali, Sher Ali, and Akbar Ali, all sons of Ashaq Ali and Respondent No. 2025:UHC:6470 2 – Omveer Diwakar S/o Bhagwan Das are present in- person before this Court and are duly identified by their respective counsels. 8. Upon interacting with the parties, they make a statement that they have arrived at a compromise and do not wish to proceed any further, and request that the matter be compounded. 9. Upon hearing the parties and on perusal of the records, I find sufficient grounds for the Compounding Application to be allowed. 10. In light of the legal principles laid down by the Hon’ble Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 11. Per contra, the learned State Counsel strongly objects to the Compounding Application on the ground that the matter relates to an attempt to murder under Section 307 IPC, wherein the injuries, as per records, are serious in nature. 12. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Sessions Trial No. 208 of 2018, “State vs. Sher Mohammad and Others”, for offences punishable under Sections 147, 148, 149, 323, 307, 504, 506, and 34 of the Indian Penal Code, 1860, pending before the Court of the learned IInd Additional Sessions Judge, District Udham Singh Nagar (Rudrapur). 2025:UHC:6470 13. Accordingly, the Compounding Application is allowed. The entire proceedings of Sessions Trial No. 208 of 2018, “State vs. Sher Mohammad and Others”, for offences punishable under Sections 147, 148, 149, 323, 307, 504, 506, and 34 of the Indian Penal Code, 1860, pending before the Court of the learned IInd Additional Sessions Judge, District Udham Singh Nagar (Rudrapur), are hereby quashed qua the present applicants only. 14. The Criminal Miscellaneous Application filed under Section 482 of Cr.P.C., is accordingly disposed of. 15. Learned counsel for Respondent No. 2 makes a statement that Item No. 31(1), titled as C-482 No. 2704 of 2019, has been wrongly listed as a connected case. (Ashish Naithani, J.) 23.07.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09 c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BE D00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.23 18:45:49 +05'30' 2025:UHC:6470