Ali Hasan v. State of Uttarakhand

SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

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C482 No. 1642 of 2023

Sr i Rak esh Th apliy al, J.

¶1Mr. Basant Singh, learned counsel for the applicant.

¶2Mr. V.K. Gemini, learned Deputy Advocate General assisted by Mr. Sachin Sharma, learned Brief Holder for the State-respondent no.1.

¶3Mr. Harshpal Sekhon, learned counsel for respondent nos.2 to 6.

¶4In the instant C-482 petition, a Compounding Application (IA No. 01 of 2023) has been moved, which is supported with the affidavits of each of the applicants and respondent nos.2 to 6.

¶5All the applicants and respondent nos.2 to 6 are present in the Court physically and each of the applicants and respondent nos.2 to 6 are identified by their respective counsel through their Aadhar Cards.

¶6In the present application, preferred under Section 482 of Cr.P.C., the applicants are facing trial in Criminal Case No.7072 of 2020, for the offences punishable under Sections 147, 148, 149, 323, 325, 352, 452, 504 & 506 IPC, "State vs. Ali Hasan & others", pending the Court of Judicial Magistrate/ Ist Additional Civil Judge, Rudrapur, Udham Singh Nagar, arising out of FIR No.56 of 2020, registered at P.S. Gadarpur, District Udham Singh Nagar.

¶7An FIR, bearing FIR No.0056 of 2020, was lodged by Mohd. Deen, in relation to an incident which was happened on 20.02.2020, against 11 persons, who are from the same village, which is evident from the FIR. In respect of the same incident, another FIR, bearing FIR No.55 of 2020 was also lodged for the offences punishable under Sections 147, 148, 149, 323, 352 and 504 IPC, at P.S. Gadarpur, District Udham Singh Nagar.

¶8In both the FIRs, the charge-sheets were filed, and the cognizance were taken, and the applicants were summoned and are facing trial.

¶9Mr. Sekhon submits that in FIR No.55 of 2020, total 08 persons were implicated, and after filing the charge-sheet, a C482 application, bearing C482 No.471 of 2023 was filed, wherein a compounding application was also moved, and the compounding application was allowed by Coordinate Bench of this Court by judgment dated

21.03.2023, which is also placed on record.

¶10In FIR No.56 of 2020, there are total 11 accused, and against each of them, the charge-sheet was filed, and they are facing trial.

¶11All the applicants, and respondent nos.2 to 6 are present in Court, and this Court interacted with each of them, and they submit that each of the applicants and respondent nos.2 to 6 belongs to the same village, and only due to some misunderstanding, this incident has happened. Now, each of the applicants and respondent nos.2 to 6 have decided to resolve all their disputes, and they all are living happily, and they are friendly with each other. They all assure this Court that they will not repeat such incident in future.

¶12Mr. Jemini, learned Deputy Advocate General submits that the offences punishable under Section 147, 148, 149 and 452 IPC are not compoundable, however, he fairly submits that since the allegations appear to be personal in nature because all the applicants and respondent nos.2 to 6 belong to the same village, and their houses are nearby, and it appears that since long back all of them are living happily, and their relationship are friendly with each other, therefore, in view of the law laid down by the Hon'ble Supreme Court in the case of Gian Sin gh vs. St at e of Pu n j ab an d an ot h er , ( 2 0 1 2 ) 1 0 SCC 3 0 3, the compounding application can be allowed.

¶13Consequently, the compounding application is allowed. The proceeding of Criminal Case No.7072 of 2020, "State vs. Ali Hasan & others", pending the Court of Judicial Magistrate/ Ist Additional Civil Judge, Rudrapur, Udham Singh Nagar, arising out of FIR No.56 of 2020, registered at P.S. Gadarpur, District Udham Singh Nagar, are quashed qua the applicants.

¶14In view of this, the present C482 petition is disposed of.

¶15Pending application, if any, also stands disposed of.

( Rak esh Th apliyal, J.)

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NISHANT