Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 405 (UTT)

MOHD ASLAM v. STATE OF UTTARAKHAND

C528/1851/2025 · 2026-04-24

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 1851 of 2025 Hon ’ble Alok Mah r a, J. Mr. Divya Prakash Mittal, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Mr. Mohd. Imran, learned counsel for respondent nos. 2, 3, 4 and 5/ complainants. 4. The present criminal misc. application is filed with a prayer to set-aside and quash the chargesheet, cognizance/ summoning order as well as the entire proceedings of Criminal Case No. 147 of 2022, State of Uttarakhand Vs. Gulam Mustafa and Others, under Sections 323, 325, 354 and 506 of IPC, pending in the court of learned ACJM/ 1st Additional Civil Judge (Sr.Div.), Rudrapur, District Udham Singh Nagar. 5. Now, Compounding Application is filed in the matter wherein it is prayed to compound the offences between the parties under Sections 323, 325, 354 and 506 of IPC. 6. Learned counsel for the applicant submits that now the parties have amicably settled their dispute and have entered into a compromise. 7. Parties are present before this Court and are duly identified by their respective counsels. Parties have also filed their respective affidavits stating the facts of compromise between them. 8. The Court interacted with the parties. Upon interaction, respondent nos. 2, 3, 4 and 5 submit that they have amicably settled their dispute with the applicant and they does not want to pursue with the criminal proceedings against the applicant. 9. At this stage, learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 10. However, the Hon’ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non- compoundable offences with the permission of Court. 11. Furthermore, 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. 12. Following the aforesaid ratio, the present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 147 of 2022, State of Uttarakhand Vs. Gulam Mustafa and Others, under Sections 323, 325, 354 and 506 of IPC, pending in the court of learned ACJM/ 1st Additional Civil Judge (Sr.Div.), Rudrapur, District Udham Singh Nagar, are hereby quashed qua the applicant. FIR and charge- sheet filed pursuant thereto stand quashed. 13. Accordingly, the present criminal misc. application stands disposed of in the aforesaid terms. ( Alok Mah r a J.) 24.04.2026 Ujjwal