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2025 DAILYLAW 704 (UTT)

AFAROJ AND ORS v. STATE OF UTTARAKHAND

C528/9/2025 · 2025-01-09

Pankaj Purohit

body2025

Judgment text

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2025:UHC:357 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 9 of 2025 09 January, 2025 Afaroj and Others --Applicants Versus State Of Uttarakhand & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Mayank Joshi, learned counsel for the applicants. Mr. B.C. Joshi, learned AGA along with Ms. Sweta B. Dobhal, learned Brief Holder for the State. Mr. Pranav Singh, learned counsel for respondent no.3. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present C528 application, applicants have sought the indulgence of this Court for quashing the entire criminal proceedings of Criminal Case No.1932 of 2022, under Sections 147, 323, 452 & 506 IPC, pending in the court of learned CJM, Kashipur, District Udham Singh Nagar qua the applicants on the basis of the compromise entered into between the parties. 2. Along with present C528 application, a joint compounding application (IA No.1/2025) has been filed by the parties. In the compounding application, it is stated that the parties have settled the dispute amicably, parties are ready to compound the aforesaid case and the entire proceedings arises there-from. It is further stated in the compounding application that respondent no.2- victim does not want to prosecute the applicants in the aforesaid case. 3. Applicant no.1-Afaroj, applicant no.2-Mohd. 1 2025:UHC:357 Khaleel, applicant no.3-Riyajuddeen, applicant no.4- Mohd. Anis and respondent no.3-Mohd. Arif are present before this Court, duly identified by their respective counsel. 4. Having heard learned counsel for the parties and going through the affidavits filed in support of the joint compounding application, it transpires that the since the parties have settled their dispute amicably, therefore, there will be no useful purpose for keeping this criminal case pending and it will be a futile exercise to ask the applicants to appear before the trial court as accused to face the trial. 5. In this view of the matter, Compounding Application is allowed. Consequently, the summoning order dated 16.09.2022 as well as the entire proceedings of Criminal Case No.1932 of 2022, under Sections 147, 323, 452 & 506 IPC, pending in the court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar are hereby quashed qua the applicants. Resultantly, FIR No.540 of 2021 pursuant to which Charge Sheet dated 26.02.2022 was filed and the said charge-sheet shall stand quashed qua the applicants only. 6. C528 application stands disposed of accordingly 7. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 09.01.2025 AK 2