[ad_1]
Uttarakhand High Court
C482/955/2015 on 29 April, 2025
2025:UHC:3323
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C482/955/2015
Hon'ble Alok Mahra, J.
Mr. Jitendra Chaudhary, learned counsel for
the applicant.
2. Mr. S. S. Chauhan, learned Deputy Advocate
General along with Mr. Vikash Uniyal, learned
B.H. for the State/respondent no.1 and Mr.
G.C.Lakchaura, learned counsel for the respondent
no.2.
3. Present C-482 Application has been filed with
the prayer to quash the Charge-sheet dated
28.09.2014, Summoning Order dated 15.10.2014 as
well as the entire proceedings of criminal Case No.
2895 of 2014, State vs. Nazar Hussain & others,
under Sections 323, 504, 506, 427 IPC and
Sections 3 (1) (X) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act,
pending in the court of Civil Judge(S/D)/Judicial
Magistrate, Kashipur, District Udham Singh Nagar
on the basis of compromise between the parties.
4. Compounding application (IA/4/2025) is also
filed in the matter wherein it is prayed to
compound the offence between the parties under
Sections 323, 504, 506, 427 IPC and Sections 3 (1)
(X) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act.
5. Parties are present before this Court today,
duly identified by their respective counsels. Parties
2025:UHC:3323
have also filed their respective affidavits stating the
above fact of compromise between them.
6. Learned State Counsel has formally opposed
the compounding application.
7. However, the Hon’ble Apex Court in the case
of Ramgopal and Another Vs. State of Madhya
Pradesh reported in (2022) 14 S.C.C., Page 531,
has permitted compounding of non-compoundable
offences with the permission of Court even relating
to the SC&ST Act. On perusal of the compounding
application it has come out that the alleged offence
was not committed on account of the caste of the
victim.
8. Following the aforesaid ratio, present
compounding application (IA/4/2025) is allowed.
The offences between the parties are permitted to
be compounded. As a result, the entire proceedings
of Criminal Case No. 2895 of 2014, State vs.
Nazar Hussain & others, under Sections 323, 504,
506, 427 IPC and Sections 3 (1) (X) of Scheduled
Castes and Scheduled Tribes (Prevention of
Atrocities) Act, pending in the Court of Civil
Judge(S/D)/Judicial Magistrate, Kashipur, District
Udham Singh Nagar, are hereby quashed qua the
applicants.
9. C528 application stands disposed of in the
aforesaid terms.
(Alok Mahra, J.)
29.04.2025
Kaushal
2025:UHC:3323
[ad_2]
Source link