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High Court of Uttarakhand · body

2025 DAILYLAW 936 (UTT)

ALI SHER v. STATE OF UTTARKAHAND

C482/37/2021 · 2025-04-09

Ashish Naithani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS IA No.01 of 2021 (Compounding Application) In C482 No.37 of 2021 Hon’ble Ashish Naithani, J. Mr. Bhuwnesh Joshi, learned counsel for the applicants. 2. Mr. Vipin Painuly, learned AGA for the State of Uttarakhand. 3. Mr. Gaurav Singh, learned counsel for the private respondents. 4. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 16.04.2019 and the summoning order dated 03.06.2019 and the entire proceedings of Criminal Case No.14039 of 2019, under Sections 147, 323, 325 and 307 of IPC, pending in the court of learned Chief Judicial Magistrate Haridwar, District Haridwar. 5. Along with C482 application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicants and private respondents. 6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them. Applicants and the private respondents are present in person before this Court, who is duly identified by their respective counsels. 7. Heard learned counsel for the parties and perused the material available on record. 8. 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. 9. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.14039 of 2019, under Sections 147, 323, 325 and 307 of IPC, pending in the court of learned Chief Judicial Magistrate Haridwar, District Haridwar, are hereby quashed. 10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.14039 of 2019, under Sections 147, 323, 325 and 307 of IPC, pending in the court of learned Chief Judicial Magistrate Haridwar, District Haridwar, are hereby quashed 11. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly. (Ashish Naithani, J) 09.04.2025 Nitesh/