Uttarakhand High Court
Unknown vs Shakil Ahmad on 21 July, 2025
2025:UHC:6363
Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
C-528 No. 708 of 2025
Hon'ble Ashish Naithani, J.
Mr. Deep Prakash Bhatt, learned counsel for the
Applicants.
2. Mr. N.S. Kanyal, learned A.G.A. for the State of
Uttarakhand.
3. Mr. Amit Kapri, learned counsel for the
Respondent No. 2.
4. The present application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 has been
filed on behalf of the Applicants – Shakil Ahamad Ansari
S/o Sri Sulaman, Kafil Ahmad S/o Shakil Ahmad Ansari,
Nazir Ahmad S/o Mukhtiyal Ahamad, Amaan C/o Sri
Naeem Ansari, and Vakeel Ahmad Ansari S/o Sri Shakil
Ahmad Ansari against Respondent No. 2- Rehan Khan
S/o Munna Khan, seeking quashing of the charge-sheet
dated 10.09.2024, the summoning/cognizance order
dated 17.04.2025, and the entire proceedings of
Criminal Case No. 441 of 2025, “State vs. Shakil Ahmad
and Others“, for offences punishable under Sections
147, 323, 452, 504, and 506 of the Indian Penal Code,
1860, pending before the Court of the learned
Additional Chief Judicial Magistrate.
5. On the date of inception of the present matter,
i.e., 22.05.2025, a Compounding Application (IA No. 01
of 2025) was also filed along with an affidavit of the
Applicants and Respondent No. 2. The Coordinate
Bench had directed the parties to appear before the
learned Secretary, DLSA, Rudrapur, District Udham
Singh Nagar on 06.06.2025 at the given time, who in
turn was to verify the Aadhaar Cards and other
identifications of the parties and authenticate the
2025:UHC:6363
contents of the compounding application by recording
their statements.
6. The report of the learned Secretary, DLSA,
Rudrapur, District Udham Singh Nagar has been filed
and is part of the record.
7. On the last date, i.e., 18.07.2025, this Court had
directed the parties to appear personally or through
video conferencing before this Court.
8. Today, Applicant No. 1- Shakil Ahamad S/o Sri
Sulaman, Applicant No. 2-Kafil Ahmad S/o Shakil
Ahmad Ansari, Applicant No. 3-Nazir Ahmad S/o
Mukhtiyal Ahamad, Applicant No. 4-Amaan C/o Sri
Naeem Ansari, and Applicant No. 5-Vakeel Ahmad
Ansari S/o Sri Shakil Ahmad Ansari are present through
video conferencing and are being identified by Mr. Deep
Prakash Bhatt, Advocate. Respondent No. 2-Rehan
Khan S/o Munna Khan is also appearing through video
conferencing and is being identified by Mr. Amit Kapri,
Advocate.
9. On interacting with Respondent No. 2 and the
Applicants, and on perusal of the report of the
Secretary, DLSA, Rudrapur, District Udham Singh Nagar,
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 raised a
2025:UHC:6363
preliminary objection, contending that some of the
offences are non-compoundable.
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 Criminal Case No. 441 of 2025, “State
vs. Shakil Ahmad and Others“, for offences punishable
under Sections 147, 323, 452, 504 and 506 of the
Indian Penal Code, 1860, pending before the Court of
learned Additional Chief Judicial Magistrate.
13. Accordingly, the Compounding Application is
allowed. The entire proceedings of Criminal Case No.
441 of 2025, “State vs. Shakil Ahmad and Others“, for
offences punishable under Sections 147, 323, 452, 504
and 506 of the Indian Penal Code, 1860, pending before
the Court of learned Additional Chief Judicial Magistrate,
are hereby quashed qua the present Applicants only.
14. The Criminal Miscellaneous Application filed under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, is accordingly disposed of.
(Ashish Naithani, J.)
21.07.2025
Shiksha
SHIKSHA Digitally signed by SHIKSHA BINJOLA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b
1c, postalCode=263001, st=UTTARAKHAND,
BINJOLA
serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18F
E29BDF5DD9, cn=SHIKSHA BINJOLA
Date: 2025.07.22 10:35:02 +05’30’
2025:UHC:6363
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