Rafi Alias Mohammad And Others ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 722 UK

   HIGH COURT OF UTTARAKHAND AT NAINITAL

      Criminal Misc. Application No. 471 of 2023
Rafi alias Mohammad and others                       ..........Petitioners

                                    Vs.

State of Uttarakhand and others                    ........ Respondents

Present :   Mr. Harshpal Sekhon, Advocate for the petitioners.
            Mr. T.C. Agarwal, Deputy Advocate General with Mr. Sachin Panwar,
            Brief Holder for the State/respondent no.1.
            Mr. Jasmeet Sahota, Advocate for the respondent nos.2 and 3.


                               JUDGMENT

Per : Hon'ble Ravindra Maithani, J.

The petitioners seek quashing of charge-sheet

dated 21.05.2020 in FIR No.55 of 2020, under Sections

147, 148, 149, 323, 352, 504 IPC, Police Station

Gadarpur, District Udham Singh Nagar,

summoning/cognizance order dated 06.02.2021, passed

in Criminal Case No.927 of 2021, State vs. Rafi and

others, by the Additional Chief Judicial Magistrate/III

Additional Civil Judge (Sr. Div.), Rudrapur, District

Udham Singh Nagar (for short, "the case"), as well as the

entire proceeding of the case, on the the basis of amicable

settlement between the parties. A joint compounding

application has also been filed supported by the affidavits.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the parties would submit

that the parties are relatives; a small dispute had arisen,

which has taken this shape; the parties have amicably

settled the dispute.

4. The petitioner nos.1, 2, 5, 6, 7 and 8 are

present in the Court duly identified by their respective

counsel. Learned counsel would submit that the

petitioner nos. 3, 4 and 9 are not well. Therefore, they

have not come.

5. Parties are present before the Court as

identified by their respective counsel. They have verified

the compromise. They have stated that it was a small

dispute, which has amicably been settled by them.

6. Having considered the nature of offence and

other attending factors, this Court is of the view that the

petition may be decided on the basis of compromise

between the parties. Accordingly, the petition deserves to

be allowed.

7. The instant petition is allowed. charge-sheet

dated 21.05.2020, summoning/cognizance order dated

06.02.2021 as well as the entire proceedings of the case,

are hereby quashed qua the petitioners.

8. Compounding Application (IA) No.1 of 2023

stands disposed of accordingly.

(Ravindra Maithani, J.) 21.03.2023 Sanjay