Javed Hussain vs State Of Uttarakhand And Another
2022 Latest Caselaw 3793 UK

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
            Criminal Miscellaneous Application No. 2109 of 2022
Javed Hussain                                                 ..... Applicant
                                         Vs.

State of Uttarakhand and Another                             .....Respondents

                                        With

            Criminal Miscellaneous Application No. 2110 of 2022
Javed Hussain                                                 ..... Applicant
                                         Vs.

State of Uttarakhand and Another                             .....Respondents

                                        With

            Criminal Miscellaneous Application No. 2111 of 2022
Javed Hussain                                                 ..... Applicant
                                         Vs.

State of Uttarakhand and Another                             .....Respondents

Present:
Mr. Gaurav Singh, Advocate for the Applicant
Mr. Pratiroop Pande, Deputy Advocate General for the State
Mr. Shariq Khurshid, Advocate for respondent no. 2


                                 JUDGMENT

Hon'ble Sharad Kumar Sharma, J. (Oral)

These are three C-482 Applications.

I. In C-482 Application No. 2109 of 2022, it pertains to Criminal Case No. 899 of 2019, "State Vs. Javed Hussain", for his alleged involvement in commission of the offences under Section 354(D), 504, 506 of IPC, which was registered against him as a consequence of the submission of Chargesheet No. 102 of 2019, dated 14.11.2019, emanating from FIR No. 139 of 2019, II. The second C-482 Application No. 2110 of 2022, is as a consequence of registration of Criminal Case No. 236 of 2020, "State Vs. Javed Hussain", yet again for

trying the present applicant for the offences under Sections 354(A), 504, 506 of IPC, which was emanating from an FIR No. 177 of 2020.

III. The third C-482 Application No. 2111 of 2022, which arises out of the proceedings of Criminal Case No. 466 of 2019, "State Vs. Javed Hussain", whereby the applicant is directed to be tried for the offence under Section 509 of IPC and Section 67 of the Information Technology Act, which stood instituted as a consequence of the registration of FIR No. 130 of 2018.

2. The offences, which has been complaint of, in all these C-482 Applications would be compoundable with the leave of the Court under Sub-Section(2) of Section 320 of the Code of Criminal Procedure.

3. Coupled with the fact that owing to the narration of the facts in the respective Compounding Applications, filed in support of each of the C-482 Application, the complainant who is present in person, and who has been duly identified by her counsel, have made a statement that she voluntarily wants to withdraw all the aforesaid Criminal Cases, which are the subject matter of present C-482 Applications, and she doesn't wants to engage herself in prolonged litigation.

3. Apart from the fact that the applicant, who is present in person, too has admitted his guilt, about his involvement in commission of offence for which the trial is pending. But, taking a lenient view, owing to the terms of the Compounding Application, which has been submitted, under the joint signatures of the applicant, as well as, the complainant, which has been duly

verified by the respective counsels appearing on their behalf, they too are the signatories of the terms of the Compounding Application. The C-482 Applications would stand hereby allowed, as a consequence thereto, the respective Criminal Cases, the details of which has been given above, would hereby stand dropped.

4. Accordingly, the C-482 Applications are laid to rest.

(Sharad Kumar Sharma, J.) 24.11.2022 PN/-