Uttarakhand High Court
C528/859/2025 on 20 June, 2025
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C-528 No. 859 of 2025
With
Stay Application (IA No. 01 of 2025)
Compromise Application (IA No. 02 of 2025)
Hon'ble Ashish Naithani, J.
Mr. T.A. Khan, learned Senior Advocate assisted by Mr.
Mohd. Shafy, learned counsel counsel for the Applicant.
2. Mr. Akshay Latwal, learned A.G.A. for the State of
Uttarakhand.
3. Mr. Abhishek Dutt, learned counsel for the Respondent
No. 3-Mohd. Faizan Akhtar, s/o Late Shir Akhtar Khan.
4. The present application has been filed on behalf of the
Applicants-Asif Khan, son of Shakeel Khan, and Farmaan
Khan, son of Buddha Khan, under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023. The Applicants
seek to quash the charge sheet filed in connection with FIR
No. 18 of 2019 under Sections 147, 148, 325, 504, and 506
of the IPC, pending before the learned Judicial Magistrate,
Jaspur, District Udham Singh Nagar, in Criminal Case No.
474 of 2020.The Applicants also challenge the cognizance
and summoning order dated 07.10.2020 passed in the said
criminal case, arising from FIR No. 18 of 2019, registered at
Police Station Kunda, Tehsil Jaspur, District Udham Singh
Nagar.
5. As per the FIR, on the date of the incident, i.e.,
07.02.2019, at about 7:15 p.m., the Applicants/accused-Asif
Khan and Farmaan Khan along with co-accused persons
Nasir, Jakir, Faizaan, Jisan, and Aneesh, assaulted
respondent no. 3, Mohd. Faizan Akhtar’s father, Late Shri
Akhtar Khan. According to the FIR, Aneesh struck the victim
with a country-made pistol on his nose, while the other
accused, including the present Applicants, assaulted him
with fists, kicks, and belts, causing grievous injuries. It is
stated that the injured, Shri Akhtar Khan, subsequently
passed away during the Covid-19 pandemic.
6. The parties now wish to compound the matter. Today,
the Applicants-Asif Khan and Farmaan Khan-are present
before the Court and are duly identified by Mr. T.A. Khan,
learned Senior Advocate. The remaining co-accused persons
are absent. Respondent No. 3, Mohd. Faizan Akhtar, the son
of the deceased/victim, is also present and is duly identified
by Mr. Abhishek Dutt, Advocate.
7. Admit.
8. The learned State Counsel seeks time to file objections
to the Compounding Application.
9. List this case on 16.07.2025.
10. Heard on Stay Application (IA No. 01 of 2025).
11. Having considered the facts and circumstances of the
case and after hearing learned counsel for the parties, it is
hereby directed that the further proceedings of Criminal
Case No. 2747 of 2024, pending before the learned Judicial
Magistrate, IInd, Haldwani, District Nainital, arising out of
FIR No. 288 of 2023 under Sections 147, 149, 323, 427,
504, and 506 of the IPC, shall remain stayed insofar as the
present Applicants are concerned, subject to the condition
that the stay shall remain operative till the next date fixed
only.
12. In the meantime, the parties involved in the
Compounding Application are directed to appear before the
Court.
13. Stay Application (IA No. 01 of 2025) is disposed of
accordingly.
(Ashish Naithani, J.)
20.06.2025
Shiksha