St at e v. Sher Moham m ad and Ot hers

Mr. G.C. Joshi, learned A.G.A. for t he St at e of Ut t arakhand.

3. Mr. Abhishek Ver m a, learned counsel t he Respondent No. 2.

4. The present applicat ion under Sect ion 482 of t he Cr.P.C., has been filed on behalf of t he Applicant s against Respondent No. 2 – Om veer Diwakar S/ o Bhagwan Das, seeking quashing of t he charge- sheet dat ed 01.04.2017, t he cognizance order dat ed

20.05.2017, and t he ent ire proceedings of Sessions Trial No. 208 of 2018, “ St at e vs. Sher Moham m ad and Ot hers” , for offences punishable under Sect ions 147, 148, 149, 323, 307, 504, 506, and 34 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned I I nd Addit ional Sessions Judge, Dist r ict Udham Singh Nagar ( Rudrapur) .

5. Along wit h t he C- 528 Applicat ion, a j oint Com pounding Applicat ion ( CRMA No. 3891 of 2019, Paper No. 44) has been filed, wherein it is st at ed t hat t he part ies have arrived at a com prom ise.

6. Learned counsels t he part ies subm it t hat Applicant No. 1 – Sher Moham m ad S/ o Ashaq Ali has passed away, in support of which a cert ified copy of t he deat h cert ificat e, issued by t he Nagar Panchayat , Kaladhungi, Dist rict Nainit al, has been annexed as Annexure No. UA- 1 t o t he Com pounding Applicat ion.

7. Today, Applicant Nos. 2 t o 4 – I slam Ali, Sher Ali, and Akbar Ali, all sons of Ashaq Ali and Respondent No. 2 – Om veer Diwakar S/ o Bhagwan Das are present in- person before t his Court and are duly ident ified by t heir respect ive counsels.

8. Upon int eract ing w it h t he part ies, t hey m ake a st at em ent t hat t hey have arrived at a com prom ise and do not wish t o proceed any furt her, and request t hat t he m at t er be com pounded.

9. Upon hearing t he part ies and on perusal of t he records, I find sufficient grounds for 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 st rongly obj ect s t o t he Com pounding Applicat ion on t he ground t hat t he m at t er relat es t o an at t em pt t o m urder under Sect ion 307 I PC, w herein t he inj uries, as per records, are serious in nat ur e.

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 Sessions Trial No. 208 of 2018, “ St at e vs. Sher Moham m ad and Ot hers” , for offences punishable under Sect ions 147, 148, 149, 323, 307, 504, 506, and 34 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned I I nd Addit ional Sessions Judge, Dist rict Udham Singh Nagar ( Rudrapur) .

13. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Sessions Trial No. 208 of 2018, “ St at e vs. Sher Moham m ad and Ot hers” , for offences punishable under Sect ions 147, 148, 149, 323, 307, 504, 506, and 34 of t he I ndian Penal Code, 1860, pending before t he Court of t he learned I I nd Addit ional Sessions Judge, Dist rict Udham Singh Nagar ( Rudrapur) , are hereby quashed qua t he present applicant s only.

14. The Crim inal Miscellaneous Applicat ion filed under Sect ion 482 of Cr.P.C., is accordingly disposed of.

15. Learned counsel for Respondent No. 2 m akes a st at em ent t hat I t em No. 31( 1) , t it led as C- 482 No. 2704 of 2019, has been wrongly list ed as a connect ed case. ( A sh i sh N a i t h a n i , J.) 2 3 .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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09 c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BE D00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA