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2025 DAILYLAW 8384 (UTT)

SHAHID ALI ALIAS SHAYAR v. STATE OF UTTARAKHAND

C482/1164/2024 · 2025-02-20

Pankaj Purohit

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Judgment text

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2025:UHC:1233 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application (u/s 482) No.1164 of 2024 20 February, 2025 Shahid Ali alias Shayar --Applicant Versus State of Uttarakhand and another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Ankush Singhal, learned counsel holding brief of Mr. Harshpal Sekhon, learned counsel for applicant. Mr. Vipul Painuli and Ms. Sweta B. Dobhal, learned Brief Holder for the State of Uttarakhand. Mr. Basant Singh, learned counsel for respondent No.2. Hon’ble Pankaj Purohit, J. (Oral) Present C482 application has been filed by the applicant along with the compounding application (IA/1/2024) for quashing the summoning /cognizance order dated 02.08.2021, charge-sheet dated 17.02.2021 as well as entire proceedings in Criminal Case No.04 of 2022, State of Uttarakhand Vs. Shayar, pending in the Court of learned Judicial Magistrate, Kichha, District Udham Singh Nagar for the offences punishable under Sections 452, 354, 506 IPC arising out of FIR No.301 of 2020, registered at Police Station Kichha, District – Udham Singh Nagar. 2. A Co-ordinate Bench of this Court vide order dated 19.11.2024 directed the parties to the proceedings to appear before the District Legal Services Authority, District Udham Singh Nagar on 25.11.2024 at 11:30 AM, who, in turn, was directed to record the statements of parties and verify the 1 2025:UHC:1233 contents of the affidavits filed along with the compounding application. 3. The compliance report of Secretary, District Legal Services Authority, District Udham Singh Nagar dated 23.12.2024 is available on record. 4. From perusal of the compliance report, it is evidently clear that both the parties have entered into compromise and there is no dispute pending between them as they have settled their disputes amicably. Parties were also duly identified before the said authority. 5. In this view of the matter, Compounding Application (IA/1/2024) is allowed. As a result, entire proceedings in Criminal Case No.04 of 2022, State of Uttarakhand Vs. Shayar, pending in the Court of learned Judicial Magistrate, Kichha, District Udham Singh Nagar for the offences punishable under Sections 452, 354, 506 IPC arising out of FIR No.301 of 2020, registered at Police Station Kichha, District – Udham Singh Nagar, are hereby quashed. Consequently, the summoning /cognizance order dated 02.08.2021, charge-sheet dated 17.02.2021 filed in FIR No.301 of 2020, also stands quashed. 6. C482 application stands disposed of accordingly. 7. Pending application(s), if any, also stand disposed of. (Pankaj Purohit, J.) 20.02.2025 ss 2