Uttarakhand High Court
Unknown vs Sher Mohammad And on 23 July, 2025
2025:UHC:6470
Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
C-482No. 2710 of 2019
Hon'ble Ashish Naithani, J.
Mr. Chirag Arora, learned counsel holding brief of
Mr. Arjun Arora, learned counsel for the Applicanst.
2. Mr. G.C. Joshi, learned A.G.A. for the State of
Uttarakhand.
3. Mr. Abhishek Verma, learned counsel for the
Respondent No. 2.
4. The present application under Section 482 of the
Cr.P.C., has been filed on behalf of the Applicants
against Respondent No. 2 – Omveer Diwakar S/o
Bhagwan Das, seeking quashing of the charge-sheet
dated 01.04.2017, the cognizance order dated
20.05.2017, and the entire proceedings of Sessions
Trial No. 208 of 2018, “State vs. Sher Mohammad and
Others“, for offences punishable under Sections 147,
148, 149, 323, 307, 504, 506, and 34 of the Indian
Penal Code, 1860, pending before the Court of the
learned IInd Additional Sessions Judge, District Udham
Singh Nagar (Rudrapur).
5. Along with the C-528 Application, a joint
Compounding Application (CRMA No. 3891 of 2019,
Paper No. 44) has been filed, wherein it is stated that
the parties have arrived at a compromise.
6. Learned counsels for the parties submit that
Applicant No. 1 – Sher Mohammad S/o Ashaq Ali has
passed away, in support of which a certified copy of the
death certificate, issued by the Nagar Panchayat,
Kaladhungi, District Nainital, has been annexed as
Annexure No. UA-1 to the Compounding Application.
7. Today, Applicant Nos. 2 to 4 – Islam Ali, Sher Ali,
and Akbar Ali, all sons of Ashaq Ali and Respondent No.
2025:UHC:6470
2 – Omveer Diwakar S/o Bhagwan Das are present in-
person before this Court and are duly identified by their
respective counsels.
8. Upon interacting with the parties, they make a
statement that they have arrived at a compromise and
do not wish to proceed any further, and request that the
matter be compounded.
9. Upon hearing the parties and on perusal of the
records, I find sufficient grounds for the Compounding
Application to be allowed.
10. In light of the legal principles laid down by the
Hon’ble Apex 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 holds that criminal proceedings
may be quashed if the matter has been amicably
settled between the parties and they are inclined to
restore peace and harmony.
11. Per contra, the learned State Counsel strongly
objects to the Compounding Application on the ground
that the matter relates to an attempt to murder under
Section 307 IPC, wherein the injuries, as per records,
are serious in nature.
12. Considering the overall facts and circumstances of
the case, this Court is of the view that the ends of
justice would be met by quashing the entire
proceedings of Sessions Trial No. 208 of 2018, “State
vs. Sher Mohammad and Others“, for offences
punishable under Sections 147, 148, 149, 323, 307,
504, 506, and 34 of the Indian Penal Code, 1860,
pending before the Court of the learned IInd Additional
Sessions Judge, District Udham Singh Nagar
(Rudrapur).
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13. Accordingly, the Compounding Application is
allowed. The entire proceedings of Sessions Trial No.
208 of 2018, “State vs. Sher Mohammad and Others“,
for offences punishable under Sections 147, 148, 149,
323, 307, 504, 506, and 34 of the Indian Penal Code,
1860, pending before the Court of the learned IInd
Additional Sessions Judge, District Udham Singh Nagar
(Rudrapur), are hereby quashed qua the present
applicants only.
14. The Criminal Miscellaneous Application filed under
Section 482 of Cr.P.C., is accordingly disposed of.
15. Learned counsel for Respondent No. 2 makes a
statement that Item No. 31(1), titled as C-482 No.
2704 of 2019, has been wrongly listed as a connected
case.
(Ashish Naithani, J.)
23.07.2025
Shiksha
SHIKSHA
Digitally signed by SHIKSHA BINJOLA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09
c12f21822fbd40bf639b1c, postalCode=263001,
BINJOLA
st=UTTARAKHAND,
serialNumber=FD80A2D028949381C52796A542D7FF0A9BE
D00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA
Date: 2025.07.23 18:45:49 +05’30’
2025:UHC:6470