Mohd. Mashkoor Alias Mashkoor 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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Compounding Application (IA No. 01 of 2023) IN C482 No. 2457 of 2023

Sr i Rak esh Th apliyal, J.

¶1Mr. Basant Singh, learned counsel holding brief of Mr. Harshpal Sekhon, learned counsel for the applicant.

¶2Mr. V.K. Jemini, learned Brief Holder for the State-respondent no.1.

¶3Mr. Jasmeet Singh Sahota, learned counsel for respondent no.2.

¶4In the instant C-482 application, a Compounding Application (IA No. 01 of 2023) has been moved, which is supported with the affidavits of the applicant and respondent No. 2.

¶5The applicant-Mohd. Mashkoor @Mashkoor and respondent No.2-Smt. Mumtaz Jahan, are present in the Court physically and each of them are identified by their respective counsel through their Aadhar Cards.

¶6In the present application, the applicant is facing trial in Criminal Case No.952 of 2023, for the offences punishable under Sections 498-A and 323 IPC, "State vs. Mashkoor", pending in the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar, arising out of F.I.R. No.32 of 2021, registered at P.S. Jaspur, District Udham Singh Nagar.

¶7Facts of the case are that the present applicant married with the complainant-respondent no.2 on

02.02.2015, and out of this wedlock, three children were born.

¶8The applicant and respondent No.2 are present in the Court physically, and this Court interacted with them, and they both submit that now both of them are now living together with their children. They submit that only due to some differences and misunderstanding, the FIR was lodged by respondent no.2, in which, after investigation, charge-sheet was filed, and the cognizance was taken. After filing of the charge-sheet, both, the applicant, and respondent no.2 now decided that they will live together with their children, and they will resolve all their disputes, and withdraw all the cases filed against each other with mutual consent, therefore, this Court is of the view that the present compounding application deserves to be allowed.

¶9Since, now the applicant is living with respondent no.2 and with their children happily, therefore, there is no useful purpose to continue the proceeding of Criminal Case No.952 of 2023, for the offences punishable under Sections 498-A and 323 IPC, "State vs. Mashkoor", pending in the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar, arising out of F.I.R. No.32 of 2021, registered at P.S. Jaspur, District Udham Singh Nagar.

¶10After taking into consideration the arguments, as advanced by learned counsel for the parties, and further taking into consideration the fact that both of them have decided to live together with their children, the present compounding application deserves to be allowed.

¶11Accordingly, the compounding application is allowed. The proceedings of Criminal Case No.952 of 2023, "State vs. Mashkoor", pending in the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar, arising out of F.I.R. No.32 of 2021, registered at P.S. Jaspur, District Udham Singh Nagar, are quashed qua the applicant.

¶12In view of this, the present C482 petition is disposed of.

¶13Pending application, if any, also stands disposed of.

( Rak esh Th apliyal, J.)

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NISHANT