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2025 DAILYLAW 3304 (UTT)

SAGHEER KHAN AND ANR v. STATE OF UTTARAKHAND

C528/242/2025 · 2025-03-04

Alok Mahra

body2025

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS ` C-528 No. 242 of 2025 Hon’ble Alok Mahra, J. Heard Mr. Mohd. Shafy, learned counsel for the applicants, Mr. Akshay Latwal, Brief Holder for the State/respondent no. 1 & 2 and Mr. Rishab Rangar, learned counsel for respondent no. 3. 2. Present C-528 application is filed with the prayer to quash the summoning order dated 25.10.2023 and the entire proceedings of Criminal Case No. 3028 of 2023, State Vs. Sagir Ahmad Khan, under Section 420, 120B and 506 of IPC, pending in the court of learned 2nd Addl. Civil Judge (S/D) / Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, on the basis of compromise between the parties. 3. Compounding application (IA/2/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 420, 120B and 506 of IPC. 4. Both the applicants, Mr. Sageer Khan and Mr. Mohd. Tasleem, are present though Video Conferencing, duly identified by their counsel. Likewise, complainant-Kheemanath Goswami is present in person, duly identified by his counsel. 5. Learned State Counsel has formerly objected to the compounding application. 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/2/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 3028 of 2023, State Vs. Sagir Ahmad Khan, under Section 420, 120B and 506 of IPC, pending in the court of learned 2nd Addl. Civil Judge (S/D) / Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed. 8. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.) 04.03.2025 Kaushal