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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
2025:UHC:8383
IA No.1 of 2024 (Compounding Application) With C482 No.1127 of 2024 Hon’ble Ashish Naithani, J.
Mr. Rohit Kumar Gaur, learned counsel holding brief of Mr. B.M. Pingal, learned counsel for the Applicants. 2. Mr. Akshay Latwal, learned AGA for the State of Uttarakhand/1. 3. Mr. M.S. Bisht, learned counsel for the private Respondent No.2. 4. In the present Application filed under Section 482 of CrPC, the Applicant has put a challenge to the entire proceedings of Criminal Case No.1593 of 2024, “State Vs. Asfaq Alam”, for the offences punishable under Section 306 of IPC as well as the Charge-sheet dated 29.10.2023, which is pending before the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. 5. Parties are present in person before this Court, who has been identified by their respective counsel. Applicant – Asfaq Alam, submits that his wife Late Yasmeem committed a suicide by hanging herself to death, while the Applicant was at work and his minor children with the mother. His brother-in-law i.e. Respondent No.2 Mohd Anwar, alleged the report against the Applicant for the offence of abetment to suicide. Now the parties have come into the terms of the compromise and the compounding application in this regard paper no.38 has been filed, wherein, the Applicant and the private Respondent No.2, has put their signatures, which has been verified by the learned counsel for the parties respectively. Compounding application is annexed with the affidavit of the parties. On interacting with the Applicant and the Respondent No.2, it is learned that the Respondent No.2, who lodged the FIR against the Applicant is said to have been done so upon instigation of the relative who were not aware of the real situation. Now, he says that the deceased – Yasmeen, was chronic diabetic and her kidneys did not work and probably due to overwhelming
helplessness regarding her health, she may have committed the suicide and it was not fault of the Applicant. 6. After interacting with the parties, this Court is satisfied that the grounds for compounding application to be allowed are sufficient. 7. Learned State Counsel has vehemently opposed the compounding application. 8. Heard learned counsel for the parties and perused the material available on record. 9.
In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, 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 interested to restore peace and harmony between them. 10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.1593 of 2024, “State Vs. Asfaq Alam”, for the offences punishable under Section 306 of IPC as well as the Charge-sheet dated 29.10.2023, which is pending before the court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, are hereby quashed. 11. The Criminal Miscellaneous Application, filed under 482 of the CrPC is disposed of accordingly. (Ashish Naithani, J.) 19.09.2025 Nitesh/