Uttarakhand High Court
C528/323/2025 on 29 July, 2025
2025:UHC:6626
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
(Compounding Appl. No.01 of 2025)
In
C528 No.323 of 2025
Hon'ble Ashish Naithani, J.
Mr. Vikas Kumar Guglani, learned
counsel for the Applicants.
2. Mr. Vipul Painuly, learned AGA for the
State.
3. Mr. Rishabh Bisht, learned counsel for
Respondent nos.2 to 4.
4. Present application has been filed by the
Applicants under Section 528 of B.N.S.S., 2023
alongwith compounding application and the
same is supported with the affidavits of
Applicants and Respondent nos.2 to 4.
5. Applicants as well as Respondent nos.2 to
4 are present in the Court. They are duly
identified by their respective counsel.
6. By means of this C528 application,
Applicants have sought quashing of the entire
proceedings, charge sheet, cognizance order
dated 13.10.2023 for the offence punishable
under Section 342, 364, 307 and 427 of IPC
passed by learned Chief Judicial Magistrate,
Rudrapur, District Udham Singh Nagar in
Session Trial No.239 of 2023 (Criminal Case
No.2840 of 2023) State vs. Sakeer Khan and
others registered at Police Station Pantnagar,
District Udham Singh Nagar pending before the
court of learned 2nd Additional District and
Session Judge, Rudrapur, District Udham Singh
Nagar.
7. Learned counsel for the Applicants and
Respondent nos.2 to 4 submit before the Court
that there were some family dispute and both the
2025:UHC:6626
parties are relatives whereby Respondent no.3
got hurt. The first information report was lodged
by Respondent no.2-Mohd. Rihan, who was not
at the scene of the crime.
8. Learned counsel for the parties have filed
their respective affidavits paper no.34 along
with the compounding application paper no.31
stating therein that they do not wish to pursue
the present criminal case any further and a
compromise has been entered between them.
9. Learned State counsel has strongly
opposed the compounding application and
submits that it is a heinous offence for an
attempt to murder under Section 307 of IPC and
there is an injury report that supports gravity of
the offence as the injured sustained head injuries
that was inflicted by some sharp edge object.
10. Heard learned counsel for the parties and
perused the material available on record.
11. In view of the principle of law laid down
by Ho’ble the Apex Court in the case of Gian
Singh vs. State of Punjab reported in 2012
(10) SCC 303, 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 interest to restore peace
and harmony between them.
12. Having heard learned counsel for the
parties and in view of the above, the
compounding application is allowed. The entire
proceedings, charge sheet, cognizance order
dated 13.10.2023 for the offence punishable
under Section 342, 364, 307 and 427 of IPC
passed by learned Chief Judicial Magistrate,
Rudrapur, District Udham Singh Nagar in
Session Trial No.239 of 2023 (Criminal Case
No.2840 of 2023) State vs. Sakeer Khan and
others pending before the court of learned 2nd
2025:UHC:6626
Additional District and Session Judge,
Rudrapur, District Udham Singh Nagar are
hereby quashed.
13. Accordingly instant Criminal Misc.
Application stands disposed of.
(Ashish Naithani, J.)
29.07.2025
Arti
ARTI SINGH Digitally signed by ARTI SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH
Date: 2025.07.31 10:31:21 +05’30’