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2025 DAILYLAW 7976 (UTT)

MOHD AMIR v. STATE OF UTTARAKHAND

C528/908/2025 · 2025-06-20

Ashish Naithani

body2025

Judgment text

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2025:UHC:5242 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.908 of 2025 With (Compounding Appl. No.01 of 2025) Hon’ble Ashish Naithani, J. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Mr. Prabhat Kandpal, learned Brief Holder for the State. 3. Mr. Susheel Kumar, learned counsel for respondent nos.2 & 3. 4. Present application has been filed by the applicant under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of applicant and respondent nos.2 & 3. 5. Applicant as well as respondent nos.2 & 3 are present in the Court. They are duly identified by their respective counsel. 6. By means of this C528 application, applicant has sought quashing of the Charge Sheet No.780 of 2022 dated 09.11.2023, cognizance order dated 11.11.2022 as well as the entire proceedings of Sessions Trial No.163 of 2022 State vs. Mohd. Amir, for the offence punishable under Sections 363, 366, 376 (2)(n) IPC and Section 5(1)/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act) registered at Police Station Manglour, District Haridwar pending in the court of learned F.T.S.C./Additional Sessions Judge, Roorkee, District Haridwar. 7. 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. 8. Learned State Counsel has opposed the compounding application and submits that Section 363, 366 376 (2)(n) IPC and Section 5(1)/6 of the POCSO Act are non compoundable offences. 2025:UHC:5242 9. Heard learned counsel for the parties and perused the material available on record. 10. 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. 11. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The Charge Sheet No.780 of 2022 dated 09.11.2023, cognizance order dated 11.11.2022 as well as the entire proceedings of Sessions Trial No.163 of 2022 State vs. Mohd. Amir, for the offence punishable under Sections 363, 366, 376 (2)(n) IPC and Section 5(1)/6 of the POCSO Act, 2012 registered at Police Station Manglour, District Haridwar pending in the court of learned F.T.S.C./Additional Sessions Judge, Roorkee, District Haridwar are hereby quashed. 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 20.06.2025 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: 2025.06.23 14:56:42 +05'30'