SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

C482/305/2021 on 19 July, 2021

Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

Office Notes,
reports, orders or
SL. proceedings or
Date COURT’S OR JUDGES’S ORDERS
No directions and
Registrar’s order
with Signatures

C-482 No. 305 of 2021
With
Compounding Application No. 1 of 2021
Hon’ble N.S. Dhanik, J .
Mr. Ravi Bisht, learned counsel for
the applicants.
Mr. Pramod Tiwari, learned Brief
Holder for the State.
Mr. Aditya Pratap Singh, learned
counsel for the second respondent and

injured.

Heard learned counsel for the
parties.

By way of present application, moved
under
Section 482 of Cr.P.C. the
applicants seek to quash the cognizance
order dated 26.06.2018 and the entire
proceedings of Criminal Case No. 1781 of
2020, “
State v. Naseem and others” for
the offence punishable under
Sections
323,
504, 506 and 354 IPC registered at
P.S. Bhagwanpur, District Haridwar,
pending before the Court of First ACJM,
Roorkee, Haridwar.

Along with the petition, a joint
compounding application has been filed. In
support of the compounding application,
affidavits have been filed by Shri Naseem
(applicant no. 1) who is doing parivi on
behalf of the other applicants also, by Shri
Parvej (respondent no. 2), by Smt.
Mahmooda (injured), by Shri Gafur
(injured), by Shri Shafi (injured) and by
Shri Jishan (brother of the victim namely
Shanu Ali who is presently residing in the
country of Malaysia and he has duly
authorized his brother Jishan to file the
present affidavit on his behalf for
compounding of the above mentioned
offences).

It has been submitted that applicant
nos. 1 to 4, respondent no. 2 and injured
have settled their dispute amicably and
there is no grievance between them and
they are ready to compound the offences.

The applicants, respondent no. 2 and
injured are present in the Court today
through Video Conferencing and they are
duly identified by their respective counsel.
They also admitted the facts mentioned in
the compounding application.

Learned State Counsel would oppose
the compounding application on the
ground that
Section 354 IPC is non-
compoundable.

In view of the above and considering
the principle of law laid down by Hon’ble
Apex Court in the case of
Gian Singh vs.
State of Punjab reported in 2012 (10) SCC
303, the compounding application is
allowed. Compromise arrived at between
the parties is accepted.

Consequently, the entire proceedings
of Criminal Case No. 1781 of 2020, “
State
v. Naseem and others” for the offence
punishable under
Sections 323, 504, 506
and
354 IPC registered at P.S.
Bhagwanpur, District Haridwar, pending
before the Court of First ACJM, Roorkee,
Haridwar are hereby quashed, so far it
relates to the applicants only.

The C-482 application is, accordingly,
disposed of.

(N.S. Dhanik, J.)
19.07.2021
SB

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

Recent Comments

STUDY REPORTS

Copyright © 2024 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation