I n light of t he legal principles laid down by t he vs Union Territ ory of Chandigar h, Transfer Pet it ion

2. Mr. N.S. Kanyal, learned A.G.A. for t he St at e of Ut t arakhand.

3. Mr. Prat ul Kum ar, learned legal Aid Counsel for t he Respondent No. 2.

4. The present Crim inal Miscellaneous Applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 has been filed by t he Applicant s – I qbal and Mansoor, against Respondent No. 2 – Moham m ad Ershad, wit h a prayer t o quash t he charge- sheet dat ed

31.05.2018, t he cognizance order dat ed 07.02.2019, and t he ent ire pr oceedings of Sessions Trial No. 27 of 2019, t it led “ St at e vs. I qbal and Ot hers” , arising out of Case Crim e No. 25 of 2018, for offences punishable under Sect ions 307, 324, 452, 504, and 506 of t he I ndian Penal Code, 1860 r egist ered at Police St at ion Bazpur, Dist rict Udham Singh Nagar, pending befor e t he Court of t he learned I st Addit ional Sessions Judge, Kashipur, Dist rict Udham Singh Nagar.

5. A Com pounding Applicat ion ( I A No. 01 of 2025, Paper No. 54) has been filed, duly signed by t he part ies-Applicant No. 1, I qbal, and Respondent No. 2, Moham m ad Ershad. The applicat ion is support ed by affidavit s and is endorsed by Mr. Lokendra Dobhal, learned counsel t he Applicant s, and Mr. Prat ul Kum ar, lear ned counsel for Respondent No. 2.

6. The St at e Counsel has st rongly obj ect ed t o t he Com pounding Applicat ion, cont ending t hat t he pr esent m at t er involves a charge under Sect ion 307 I PC, an at t em pt t o m ur der, which is a heinous and non- com poundable offence. I t is furt her subm it t ed t hat t he vict im sust ained inj uries on t he upper part of his chest due t o a knife at t ack.

7. Upon int eract ing wit h t he part ies, part icularly wit h t he vict im / Respondent No. 2 – Moham m ad Ershad, he has st at ed t hat he is willing t o com pound t he m at t er and no grievance rem ains against t he assailant s. He has specifically st at ed t hat he holds no furt her anim osit y against Applicant No. 1 – I qbal, w ho had inflict ed t he inj ury. Applicant No. 1 has ex pressed rem or se for his act ions and also w ishes t o com pound t he m at t er. Applicant No. 2 – Mansoor, who was also present at t he scene and allegedly assist ed Applicant No. 1, also support s t he com pounding of t he m at t er.

8. Aft er hearing t he part ies and considering t heir conduct and willingness t o am icably resolve t he m at t er, t his Court finds sufficient grounds t o allow t he Com pounding Applicat ion.

9. I n light of t he legal principles laid down by t he Hon’ble Supr em e Court in Gian Singh vs. St at e of Punj ab, ( 2012) 10 SCC 303, and Dim pey Guj ral vs. Union Territ ory of Chandigar h, Transfer Pet it ion ( Crim inal) No. 115 of 2012, decided on 06.12.2012, t his Court is of t he view t hat even in cases involving non- com poundable offences, t he crim inal proceedings m ay be quashed under ext raordinary circum st ances wher e t he disput e has been am icably set t led and cont inuat ion of pr oceedings would am ount t o abuse of t he process of law.

10. Having consider ed t he overall fact s circum st ances of t he case, t he nat ure of t he offence, t he conduct of t he part ies, and t heir set t lem ent , t his Court is of t he considered opinion t hat t he ends of j ust ice would be served by quashing t he ent ire proceedings of Sessions Trial No. 27 of 2019, t it led “ St at e vs. I qbal and Ot her s” , arising out of Case Crim e No. 25 of 2018, for offences punishable under Sect ions 307, 324, 452, 504, and 506 of t he I ndian Penal Code, 1860 regist er ed at Police St at ion Bazpur, Dist rict Udham Singh Nagar, pending before t he Court of t he lear ned I st Addit ional Sessions Judge, Kashipur, Dist rict Udham Singh Nagar.

11. Accordingly, t he Com pounding Applicat ion allowed. The ent ir e proceedings of Sessions Trial No. 27 of 2019, t it led “ St at e vs. I qbal and Ot her s” , arising out of Case Crim e No. 25 of 2018, for offences punishable under Sect ions 307, 324, 452, 504, and 506 of t he I ndian Penal Code, 1860 r egist ered at Police St at ion Bazpur, Dist rict Udham Singh Nagar, pending befor e t he Court of t he learned I st Addit ional Sessions Judge, Kashipur, Dist rict Udham Singh Nagar, are her eby quashed, qua t he pr esent Applicant s, in view of t he am icable set t lem ent arrived at bet w een t he part ies.

12. Consequent ly, t he present Crim inal Miscellaneous Applicat ion filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 is allowed. ( Ash i sh N a i t h a n i , J.) SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA 0 8 .0 8 .2 0 2 5 Shiksha DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA