St at e v. Shakil Ahm ad and Ot hers

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

3. Mr. Am it Kapri, learned counsel t he Respondent No. 2.

4. The present applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 has been filed on behalf of t he Applicant s – Shakil Aham ad Ansari S/ o Sri Sulam an, Kafil Ahm ad S/ o Shakil Ahm ad Ansari, Nazir Ahm ad S/ o Mukht iyal Aham ad, Am aan C/ o Sri Naeem Ansari, and Vakeel Ahm ad Ansari S/ o Sri Shakil Ahm ad Ansari against Respondent No. 2- Rehan Khan S/ o Munna Khan, seeking quashing of t he charge- sheet dat ed 10.09.2024, t he sum m oning/ cognizance order dat ed 17.04.2025, and t he ent ire proceedings of Crim inal Case No. 441 of 2025, “ St at e vs. Shakil Ahm ad and Ot hers” , for offences punishable under Sect ions 147, 323, 452, 504, and 506 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned Addit ional Chief Judicial Magist rat e.

5. On t he dat e of incept ion of t he present m at t er, i.e., 22.05.2025, a Com pounding Applicat ion ( I A No. 01 of 2025) was also filed along w it h an affidav it of t he Applicant s and Respondent No. 2. The Coordinat e Bench had direct ed t he part ies t o appear before t he learned Secret ary, DLSA, Rudrapur, Dist rict Udham Singh Nagar on 06.06.2025 at t he given t im e, who in t urn was t o verify t he Aadhaar Cards and ot her ident ificat ions of t he part ies and aut hent icat e t he cont ent s of t he com pounding applicat ion by recording t heir st at em ent s.

6. The report of t he learned Secret ary, DLSA, Rudrapur, Dist rict Udham Singh Nagar has been filed and is part of t he record.

7. On t he last dat e, i.e., 18.07.2025, t his Court had direct ed t he part ies t o appear personally or t hrough video conferencing before t his Court .

8. Today, Applicant No. 1- Shakil Aham ad S/ o Sr i Sulam an, Applicant No. 2- Kafil Ahm ad S/ o Shakil Ahm ad Ansari, Applicant No. 3- Nazir Ahm ad S/ o Mukht iyal Aham ad, Applicant No. 4-Am aan C/ o Sri Naeem Ansari, and Applicant No. 5-Vakeel Ahm ad Ansari S/ o Sri Shakil Ahm ad Ansari are present t hrough video conferencing and are being ident ified by Mr. Deep Prakash Bhat t , Advocat e. Respondent No. 2- Rehan Khan S/ o Munna Khan is also appearing t hrough video conferencing and is being ident ified by Mr. Am it Kapr i, Advocat e.

9. On int eract ing w it h Respondent No. 2 and t he Applicant s, and on perusal of t he report of t he Secret ary, DLSA, Rudrapur, Dist rict Udham Singh Nagar, I sufficient grounds t he com pounding applicat ion t o be allowed.

10. I n light of t he legal principles laid down by t he Hon’ble Apex Court in Gi a n Si n g h v s. St a t e o f Pu n j a b , ( 2 0 1 2 ) 1 0 SCC 3 0 3 , and D i m p e y Gu j r a l v s. Un i o n Te r r i t o r y o f Ch a n d i g a r h , Tr a n sf e r Pe t i t i o n ( Cr i m i n a l ) N o . 1 1 5 o f 2 0 1 2 , d e ci d e d o n 0 6 .1 2 .2 0 1 2 , t his Court holds t hat crim inal proceedings m ay be quashed if t he m at t er has been am icably set t led bet ween t he part ies and t hey are inclined t o rest ore peace and harm ony.

11. Per cont ra, t he learned St at e Counsel raised a prelim inary obj ect ion, cont ending t hat som e of t he offences are non- com poundable.

12. Considering t he overall fact s and circum st ances of t he case, t his Court is of t he v iew t hat t he ends of j ust ice would be m et by quashing t he ent ire proceedings of Crim inal Case No. 441 of 2025, “ St at e vs. Shakil Ahm ad and Ot hers” , for offences punishable under Sect ions 147, 323, 452, 504 and 506 of t he I ndian Penal Code, 1860, pending before t he Court of learned Addit ional Chief Judicial Magist rat e.

13. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 441 of 2025, “ St at e vs. Shakil Ahm ad and Ot hers” , for offences punishable under Sect ions 147, 323, 452, 504 and 506 of t he I ndian Penal Code, 1860, pending before t he Court of learned Addit ional Chief Judicial Magist rat e, are hereby quashed qua t he present Applicant s only.

14. The Crim inal Miscellaneous Applicat ion filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is accordingly disposed of. ( A sh i sh N a i t h a n i , J.) 2 1 .0 7 .2 0 2 5 Shiksha 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, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18F E29BDF5DD9, cn=SHIKSHA BINJOLA