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2025 DAILYLAW 9869 (UTT)

SARAFAT AND ORS v. STATE OF UTTARAKHAND

C528/1340/2025 · 2025-08-14

Ashish Naithani

body2025

Judgment text

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2025:UHC:7200 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS IA No.01 of 2025 (Compounding Application) In C-528 No. 1340 of 2025 Hon’ble Ashish Naithani, J. Mr. Mohd. Alauddin, learned counsel for the Applicants. 2. Mr. Rakesh Negi, learned Brief Holder for the State. 3. Mr. Subhash Chandra Burman, learned counsel holding brief of Mr. R. P. Singh, learned counsel for respondent no.2. 4. The present criminal misc. application under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 filed on behalf of the Applicants, Sarafat S/o Shri Sharif Ahmad, Mubarik S/o Lat Vajid Hasan and Faijan S/o Jameer Hasan against the Respondent in particular Respondent no.2, Shakeel Ahmad S/o Lat Tameejul, who is the complainant; the present application comes with the prayer that the charge- sheet dated 14.06.2022, impugned cognizance/summoning order dated 08.02.2023 as well as the entire proceedings of Criminal Case No.423 of 2025 (Case Crime No.75 of 2023), titled as “State vs. Muntiyaj & Others”, punishable under Sections 147, 148, 149, 120-B, 323, 324, 341, 504 & 506 of IPC at Police Station Kotwali Laksar, District Haridwar, pending in the court of learned Judicial Magistrate Laksar, District Haridwar be stayed. 5. The present application is also annexed with 2025:UHC:7200 the compounding application (IA No.01 of 2025) (page no. 46) that is supported with the affidavit of the parties and the said application is being endorsed by the learned counsel for the Applicants and Respondent no.2, Mr. Mohd. Alauddin, Advocate and Mr. R. P. Singh, Advocate respectively. 6. The Applicants, Sarafat, Mubarik and Faijan and Respondent no.2/complainant, Shakeel Ahmad are present before this Court, who are identified by their respective counsel. 7. After interacting with the parties especially with Respondent no.2, Shakeel Ahmad the injured/complainant makes a statement that he was hit by a stick (ykBh) on his head which resulted into stitches. 8. On query of this Court, Respondent no.2/injured blankly made a statement that they were some other people and in fact the present Applicants were not among those assailants and in this context, he wishes to compound the matter with the present Applicants and also does not want to proceed with the matter further, therefore, the proceedings and other consequential order arising out of the F.I.R. in question may be quashed. 9. The said compounding application is strongly opposed by the learned State counsel on the ground that the offence under Section 324 of IPC is non- compoundable and injuries are serious in nature. 10. 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 2025:UHC:7200 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 with the facts and circumstances of the case. 11. 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 against qua the Applicants are hereby quashed. 12. In view of the above, the compounding application is allowed. The charge-sheet dated 14.06.2022, impugned cognizance/summoning order dated 08.02.2023 as well as the entire proceedings of Criminal Case No.423 of 2025 (Case Crime No.75 of 2023), titled as “State vs. Muntiyaj & Others”, punishable under Sections 147, 148, 149, 120-B, 323, 324, 341, 504 & 506 of IPC at Police Station Kotwali Laksar, District Haridwar, pending in the court of learned Judicial Magistrate Laksar, District Haridwar, are hereby quashed qua the Applicants. 13. The present Criminal Misc. Application u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.) 14.08.2025 Akash