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2025 DAILYLAW 3840 (UTT)

MAHBOOB KHAN AND ANR v. STATE OF UTTARAKHAND

C528/323/2025 · 2025-07-29

Ashish Naithani

body2025

Judgment text

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2025:UHC:6626 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS (Compounding Appl. No.01 of 2025) In C528 No.323 of 2025 Hon’ble Ashish Naithani, J. Mr. Vikas Kumar Guglani, learned counsel for the Applicants. 2. Mr. Vipul Painuly, learned AGA for the State. 3. Mr. Rishabh Bisht, learned counsel for Respondent nos.2 to 4. 4. Present application has been filed by the Applicants under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of Applicants and Respondent nos.2 to 4. 5. Applicants as well as Respondent nos.2 to 4 are present in the Court. They are duly identified by their respective counsel. 6. By means of this C528 application, Applicants have sought quashing of the entire proceedings, charge sheet, cognizance order dated 13.10.2023 for the offence punishable under Section 342, 364, 307 and 427 of IPC passed by learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Session Trial No.239 of 2023 (Criminal Case No.2840 of 2023) State vs. Sakeer Khan and others registered at Police Station Pantnagar, District Udham Singh Nagar pending before the court of learned 2nd Additional District and Session Judge, Rudrapur, District Udham Singh Nagar. 7. Learned counsel for the Applicants and Respondent nos.2 to 4 submit before the Court that there were some family dispute and both the 2025:UHC:6626 parties are relatives whereby Respondent no.3 got hurt. The first information report was lodged by Respondent no.2-Mohd. Rihan, who was not at the scene of the crime. 8. Learned counsel for the parties have filed their respective affidavits paper no.34 along with the compounding application paper no.31 stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 9. Learned State counsel has strongly opposed the compounding application and submits that it is a heinous offence for an attempt to murder under Section 307 of IPC and there is an injury report that supports gravity of the offence as the injured sustained head injuries that was inflicted by some sharp edge object. 10. Heard learned counsel for the parties and perused the material available on record. 11. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, 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 interest to restore peace and harmony between them. 12. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings, charge sheet, cognizance order dated 13.10.2023 for the offence punishable under Section 342, 364, 307 and 427 of IPC passed by learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Session Trial No.239 of 2023 (Criminal Case No.2840 of 2023) State vs. Sakeer Khan and others pending before the court of learned 2nd 2025:UHC:6626 Additional District and Session Judge, Rudrapur, District Udham Singh Nagar are hereby quashed. 13. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 29.07.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.07.31 10:31:21 +05'30'