2025:UHC:6363 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 708 of 2025 Hon’ble Ashish Naithani, J. Mr. Deep Prakash Bhatt, learned counsel for the Applicants. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Amit Kapri, learned counsel for the Respondent No. 2. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicants – Shakil Ahamad Ansari S/o Sri Sulaman, Kafil Ahmad S/o Shakil Ahmad Ansari, Nazir Ahmad S/o Mukhtiyal Ahamad, Amaan C/o Sri Naeem Ansari, and Vakeel Ahmad Ansari S/o Sri Shakil Ahmad Ansari against Respondent No. 2- Rehan Khan S/o Munna Khan, seeking quashing of the charge-sheet dated 10.09.2024, the summoning/cognizance order dated 17.04.2025, and the entire proceedings of Criminal Case No. 441 of 2025, “State vs. Shakil Ahmad and Others”, for offences punishable under Sections 147, 323, 452, 504, and 506 of the Indian Penal Code, 1860, pending before the Court of the learned Additional Chief Judicial Magistrate. 5. On the date of inception of the present matter, i.e., 22.05.2025, a Compounding Application (IA No. 01 of 2025) was also filed along with an affidavit of the Applicants and Respondent No. 2. The Coordinate Bench had directed the parties to appear before the learned Secretary, DLSA, Rudrapur, District Udham Singh Nagar on 06.06.2025 at the given time, who in turn was to verify the Aadhaar Cards and other identifications of the parties and authenticate the 2025:UHC:6363 contents of the compounding application by recording their statements. 6. The report of the learned Secretary, DLSA, Rudrapur, District Udham Singh Nagar has been filed and is part of the record. 7. On the last date, i.e., 18.07.2025, this Court had directed the parties to appear personally or through video conferencing before this Court. 8. Today, Applicant No. 1- Shakil Ahamad S/o Sri Sulaman, Applicant No. 2-Kafil Ahmad S/o Shakil Ahmad Ansari, Applicant No. 3-Nazir Ahmad S/o Mukhtiyal Ahamad, Applicant No. 4-Amaan C/o Sri Naeem Ansari, and Applicant No. 5-Vakeel Ahmad Ansari S/o Sri Shakil Ahmad Ansari are present through video conferencing and are being identified by Mr. Deep Prakash Bhatt, Advocate. Respondent No. 2-Rehan Khan S/o Munna Khan is also appearing through video conferencing and is being identified by Mr. Amit Kapri, Advocate. 9. On interacting with Respondent No. 2 and the Applicants, and on perusal of the report of the Secretary, DLSA, Rudrapur, District Udham Singh Nagar, 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 raised a 2025:UHC:6363 preliminary objection, contending that some of the offences are non-compoundable. 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 Criminal Case No. 441 of 2025, “State vs. Shakil Ahmad and Others”, for offences punishable under Sections 147, 323, 452, 504 and 506 of the Indian Penal Code, 1860, pending before the Court of learned Additional Chief Judicial Magistrate. 13. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 441 of 2025, “State vs. Shakil Ahmad and Others”, for offences punishable under Sections 147, 323, 452, 504 and 506 of the Indian Penal Code, 1860, pending before the Court of learned Additional Chief Judicial Magistrate, are hereby quashed qua the present Applicants only. 14. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 21.07.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b 1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18F E29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.22 10:35:02 +05'30' 2025:UHC:6363