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C482/305/2021 on 19 July, 2021

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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

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