2025:UHC:6987 S L. N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 22 of 2025 Hon’ble Ashish Naithani, J. Mr. Lokendra Dobhal, learned counsel for the Applicants. 2. Mr. N.S. Kanyal, learned A.G.A. for the State of Uttarakhand. 3. Mr. Pratul Kumar, learned legal Aid Counsel for the Respondent No. 2. 4. The present Criminal Miscellaneous Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicants – Iqbal and Mansoor, against Respondent No. 2 – Mohammad Ershad, with a prayer to quash the charge-sheet dated 31.05.2018, the cognizance order dated 07.02.2019, and the entire proceedings of Sessions Trial No. 27 of 2019, titled “State vs. Iqbal and Others”, arising out of Case Crime No. 25 of 2018, for offences punishable under Sections 307, 324, 452, 504, and 506 of the Indian Penal Code, 1860 registered at Police Station Bazpur, District Udham Singh Nagar, pending before the Court of the learned Ist Additional Sessions Judge, Kashipur, District Udham Singh Nagar. 5. A Compounding Application (IA No. 01 of 2025, Paper No. 54) has been filed, duly signed by the parties-Applicant No. 1, Iqbal, and Respondent No. 2, Mohammad Ershad. The application is supported by affidavits and is endorsed by Mr. Lokendra Dobhal, learned counsel for the Applicants, and Mr. Pratul Kumar, learned counsel for Respondent No. 2. 6. The State Counsel has strongly objected to the Compounding Application, contending that the present 2025:UHC:6987 matter involves a charge under Section 307 IPC, an attempt to murder, which is a heinous and non- compoundable offence. It is further submitted that the victim sustained injuries on the upper part of his chest due to a knife attack. 7. Upon interacting with the parties, particularly with the victim/Respondent No. 2 – Mohammad Ershad, he has stated that he is willing to compound the matter and no grievance remains against the assailants. He has specifically stated that he holds no further animosity against Applicant No. 1 – Iqbal, who had inflicted the injury. Applicant No. 1 has expressed remorse for his actions and also wishes to compound the matter. Applicant No. 2 – Mansoor, who was also present at the scene and allegedly assisted Applicant No. 1, also supports the compounding of the matter. 8. After hearing the parties and considering their conduct and willingness to amicably resolve the matter, this Court finds sufficient grounds to allow the Compounding Application. 9. In light of the legal principles laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court is of the view that even in cases involving non-compoundable offences, the criminal proceedings may be quashed under extraordinary circumstances where the dispute has been amicably settled and continuation of proceedings would amount to abuse of the process of law. 2025:UHC:6987 10. Having considered the overall facts and circumstances of the case, the nature of the offence, the conduct of the parties, and their settlement, this Court is of the considered opinion that the ends of justice would be served by quashing the entire proceedings of Sessions Trial No. 27 of 2019, titled “State vs. Iqbal and Others”, arising out of Case Crime No. 25 of 2018, for offences punishable under Sections 307, 324, 452, 504, and 506 of the Indian Penal Code, 1860 registered at Police Station Bazpur, District Udham Singh Nagar, pending before the Court of the learned Ist Additional Sessions Judge, Kashipur, District Udham Singh Nagar. 11. Accordingly, the Compounding Application is allowed. The entire proceedings of Sessions Trial No. 27 of 2019, titled “State vs. Iqbal and Others”, arising out of Case Crime No. 25 of 2018, for offences punishable under Sections 307, 324, 452, 504, and 506 of the Indian Penal Code, 1860 registered at Police Station Bazpur, District Udham Singh Nagar, pending before the Court of the learned Ist Additional Sessions Judge, Kashipur, District Udham Singh Nagar, are hereby quashed, qua the present Applicants, in view of the amicable settlement arrived at between the parties. 12. Consequently, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed. (Ashish Naithani, J.) 08.08.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.08 16:50:49 +05'30' 2025:UHC:6987