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2025 DAILYLAW 7223 (UTT)

MOHD. UMAR v. STATE OF UTTARAKHAND

C482/970/2024 · 2025-08-28

Ashish Naithani

body2025

Judgment text

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2025:UHC:7669 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-482No. 970 of 2024 Hon’ble Ashish Naithani, J. Mr. Sanjay Kumar, learned counsel for the Applicant. 2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand. 3. Pradeep Chamyal, learned counsel for the Respondent No. 2. 4. The present application under Section 482 of the Cr.P.C., has been filed on behalf of the Applicant-Mohd Umar against Respondent No. 2 – Mohd Saklain, seeking quashing of impugned FIR No. 0331 of 2023 dated 03.08.2023, registered at police station Khatima, District Udham Singh Nagar, the charge-sheet dated 10.08.2023, the summoning order dated 18.09.2023, passed by learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar along with the entire proceedings of Criminal Case No. 1169 of 2023, “State of Uttarakhand vs. Mohd. Umar” under Section 25 (1-B) (b) of Arms Act, pending consideration before the Court of learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar. 5. Along with the C-482 Application, a Compounding Application (IA No. 02 of 2025, Paper No. 140) has also been filed, which is supported by affidavits. The said Compounding Application is annexed with the signatures of the parties. The said Application is endorsed by the learned counsels for the parties respectively — Mr. Sanjay Kumar, learned counsel for the Applicant, and Mr. Pradeep Chamyal, learned counsel for Respondent No. 2. Both the parties, the Applicant and Respondent No. 2 make a submission that they have arrived at a compromise and wish to proceed with the Compounding Application, and 2025:UHC:7669 request that the matter be disposed of on that basis. 6. The learned State Counsel objects to the Compounding Application on the grounds that the aforementioned offence is non-compoundable. 7. The parties are present before the Court and are being identified by their respective counsels. 8. Upon interacting with the parties, parties have submitted that they have reconciled the matter without any duress or pressure and that they have done so of their own free will. Respondent No. 2 also makes a similar statement and supports the Compounding Application. 9. This Court is satisfied with the submissions and deems it fit to allow the Compounding Application. 10. 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. 1169 of 2023, “State of Uttarakhand vs. Mohd. Umar” under Section 25 (1-B) (b) of Arms Act, pending consideration before the Court of learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar. 11. Accordingly, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 1169 of 2023, “State of Uttarakhand vs. Mohd. Umar” under Section 25 (1-B) (b) of Arms Act, pending consideration before the Court of learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, are hereby quashed. 12. The Criminal Miscellaneous Application filed under Section 482 of Cr.P.C., is accordingly disposed of. (Ashish Naithani, J.) 28.08.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.29 14:34:53 +05'30' 2025:UHC:7669