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2025 DAILYLAW 5910 (UTT)

SHEKHSHAN MULLA v. STATE OF UTTARAKHAND

C528/540/2025 · 2025-04-30

Vivek Bharti Sharma

body2025

Judgment text

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SL No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 30.04.2025 C-528 No. 540 of 2025 Hon’ble Vivek Bharti Sharma, J. Mr. Harsh Taneja, learned counsel for the petitioner. 2. Mr. Pratiroop Pande, learned A.G.A. for the State. 3. Mr. M.K. Ray, learned counsel for respondent no.2. 4. This petition is filed by the petitioner/accused to quash the impugned chargehseet, summoning order dated 15.07.2022 passed by Additional Chief Judicial Magistrate/4th Additional Senior Civil Judge, Rudrapur, Distirct Udham in Criminal Case No. 6844 of 2022 for the offences under Section 411 I.P.C. as well as the entire proceeding of aforesaid criminal case qua the petitioner. 5. Counsel for the petitioner would submit that now the parties have settled their dispute amicably and the respondent no.2/complainant does not want to prosecute the petitioner further, therefore, a joint compounding application has been filed by the parties to compound the alleged offences and prayed that the entire proceedings of the criminal case be quashed as continuation of the criminal proceedings would be a futile exercise. 6. Per contra, learned State counsel vehemently opposed the submissions on the ground that if the parties have settled their dispute amicably then they have efficacious remedy to approach the concerned trial court for redressal of their grievance as the compounding application is filed by the parties to compound the offences under Section 411 I.P.C., which are compoundable offence; that, the trial court is more capable for verifying the authenticity of the contents of the compounding application by recording the statements of the parties to meet the ends of justice. 7. At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to approach before the trial court for redressal of his grievances. 8. Permission is granted. 9. Present petition is dismissed as withdrawn with liberty as above. 10. Pending applications, if any, stand disposed of accordingly. (Vivek Bharti Sharma, J.) 30.04.2025 Mamta