Citation : 2025 Latest Caselaw 3477 UK
Judgement Date : 26 August, 2025
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26.08.2025 IA No.03 of 2025 (Compounding Application)
In
CRLR No. 699 of 2024
Hon'ble Ashish Naithani, J.
Mr. Sanjay Kumar, learned counsel for the revisionists.
2. Mr. B. C. Joshi, learned A.G.A. assisted by Mr. Vijay Bhandari, learned Brief Holder for the State.
3. Mr. Avnish Kumar, learned counsel for the complainant.
4. The present criminal revision under Section 438 read with Section 442 of BNSS, 2023 is moved on behalf of the revisionists, Mohd. Husain S/o Ameer Husain and Nanhe S/o Buddha against the Complainant, Baljeet Singh S/o Kala Singh; the present criminal revision comes with the prayer to quash/set-aside the impugned judgement & order dated 15.05.2023 passed by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No.3715 of 2014, titled as "State of Uttarakhand vs. Babu Ram & Others", and the impugned judgment and order dated 28.08.2024 passed by learned 1st Additional Session Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No.53 of 2023, titled as "Mohd. Husain vs. State of Uttarakhand" and Criminal Appeal no.52/2023, titled as "Nanhe vs. State of Uttarakhand".
5. The Compounding Application (IA No.03 of 2025) is also annexed with the present criminal revision that is supported with the affidavits of the revisionist no.2, complainant and aggrieved persons and the said application is being endorsed by the learned counsel for the revisionists and complainant & aggrieved persons, Sanjay Kumar, Advocate and Mr. Avnish Kumar, Advocate respectively.
6. The Revisionist No.2, Nanhe and Complainant, Baljeet Singh & aggrieved persons, Sohan Singh and Rajendra Singh are present before this Court, who are identified by their respective counsel.
7. After interacting with the parties, especially with the complainant and aggrieved persons, they make a statement that the dispute between the parties has now been resolved amicably by mutual consent and they wish to compound the matter with the revisionist no.2 and also do not want to proceed with the matter further, therefore, the proceedings and other consequential order arising out of the F.I.R. lodged by the complainant may be quashed.
8. Learned State counsel poses his formal objection in this regard, however, he submits that the offence in the present matter is compoundable.
9. In view of the above, the compounding application is allowed. The impugned judgement & order dated 15.05.2023 passed by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No.3715 of 2014, titled as "State of Uttarakhand vs. Babu Ram & Others", and the impugned judgment and order dated 28.08.2024 passed by learned 1st Additional Session Judge, Kashipur, District Udham Singh Nagar in Criminal Appeal No.53 of 2023, titled as "Mohd. Husain vs. State of Uttarakhand" and Criminal Appeal no.52/2023, titled as "Nanhe vs. State of Uttarakhand", is hereby quashed qua the revisionist no.2, Nanhe S/o Buddha.
10. The offence under Section 411 of IPC qua the revisionist no.2, Nanhe S/o Buddha is compounded. Consequent to it, the revisionist no.2, Nanhe stands acquitted of the charge under Section 411 of IPC.
11. List this matter on 23.09.2025.
(Ashish Naithani, J.) 26.08.2025 Akash
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