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2025 DAILYLAW 7855 (UTT)

ASIF KHAN AND ANR v. STATE OF UTTARAKHAND

C528/859/2025 · 2025-07-24

Ashish Naithani

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 2025:UHC:6539 C528 No.1199 of 2025 With (Compromise Appl. No.02 of 2025) With (Compounding Appl. No.02 of 2025) (Amendment Appl. No.03 of 2025) In C528 No.859 of 2025 Hon’ble Ashish Naithani, J. Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Mohd. Shafy, learned counsel for the Applicants. 2. Mr. Akshay Latwal, learned AGA for the State of Uttarakhand. 3. Mr. Abhishek Dutt, learned counsel for Respondent no.3. 4. Learned counsel for the Applicants submits that similar case is listed at serial no.25 titled as Asif Khan and Another vs. State of Uttarakhand and Another. 5. Learned counsel for the Applicants submits that both the matters are related with the same incident and he makes a further submission that there is typographical errors which needs to be corrected and both be heard together. 6. Since both the matters are being heard together the common order is being passed that will be annexed in each file. 7. In Criminal Misc. Appl. No.859 of 2025 an Amendment Application No.03 of 2025 is filed by the Applicants. The amendment application is allowed. 8. Let the necessary amendment be incorporated in the prayer clause, stay application as well as in the compromise application of the Criminal Misc. Appl. No.859 of 20925 today itself by way of filing amended copy of the Application. 9. Present C528 Applications are filed by the Applicants against Respondent no.3 with the prayer that the charge sheet pertaining to FIR No.18 of 2019, cognizance order dated 07.10.2020 as well as the entire proceedings of Criminal Case No.474 of 2020 for the offence punishable under Sections 147, 148, 325, 504 and 506 of IPC registered at P.S. Kunda, Tehsil Jaspur pending in the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar qua the Applicants be quashed. 10. In the present Criminal Misc. Applications, learned counsel Mr. Mohd. Shafy, who is appearing for the Applicants Zakir Khan son of Anis Khan, Faizan Khan, son of Anees Khan and Anis Khan, son of Budhu Khan is also representing Asif Khan, son of Shakeel Khan and Farmaan Khan, son of Buddha Khan in connected Criminal Misc. Appl. No.859 of 2025, Asif Khan and Another vs. State of Uttarakhand and Another. 11. In both the Criminal Misc. Applications Respondent no.3-Mohd. Faizan Akhtar, son of Late Shri Akhtar Khan is being represented by learned counsel Mr. Abhishek Dutt. 12. The compounding applications have been filed and the same are supported with the affidavits of Applicants and Respondent no.3. 13. Applicants as well as Respondent no.3 are present in the Court. They are duly identified by their respective counsel. 14. This Court has interacted with the parties individually and as per their statements made before this Court, it is apparent that the parties have come into the terms of compromise and they do not want to proceed with the case any further. 15. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 16. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interest to restore peace and harmony between them. 17. Having heard learned counsel for the parties and in view of the above, both the compounding applications are allowed. The entire proceedings of Criminal Case No.474 of 2020 for the offence punishable under Sections 147, 148, 325, 504 and 506 of IPC pending in the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar qua the applicants are hereby quashed. 18. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 24.07.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.07.29 10:54:52 +05'30'