Ahsan Ali And Another vs State Of Uttarakhand And Another

Pankaj Purohit, J

Heard learned counsel for the parties.

Delay in filing the counter affidavit is condoned. Counter affidavit filed by the State is condoned. Delay condonation application (IA/1/ 2024) made therefor, is allowed.

By means of the present C482 application, the applicants have put to challenge charge-sheet dated 16.11.2020, summoning/cognizance order dated 09.11.2021 passed by the learned First Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No.643 of 2021 State Vs. Ahsan and Others, under Sections 323, 504 and 506 IPC (Case Crime No.368 of 2020) as well as the entire proceedings of the aforesaid criminal case.

Along with the present C482 application, a joint compounding application (IA/2/2024) is filed duly supported by separate affidavits by applicants and respondent No.2.

In the compounding application, it has been stated by the parties that the dispute has been settled amicably between them and now there is no dispute between the parties and the respondent No.2 does not want to pursue with the case anymore.

Applicants-Ahsan Ali, Afsan Ali and respondent No.2-Arif are present before this Court. Both the parties are duly identified by their respective counsels. On interaction, respondent No.2 stated that he wants to end the matter and after intervention of the family members, he has decided to settle the matter full and final with the applicants.

Learned counsel for the applicants submits that the parties are family members and now, when the matter is amicably settled by the parties after intervention of the family members, it would be futile exercise to keep this matter pending.

Learned State Counsel and learned counsel for the respondent No.2 have no objection if the matter is compounded.

Having considered the submission made by the learned counsel for the parties and on perusal of the compounding application as well as the documents available on record, this Court is of the view that if the parties do not wish to pursue with the criminal proceedings anymore and they have settled their dispute amicably, it would not be useful for referring the applicants to Court to face the trial and it would amount to a futile exercise. In view of the compromise arrived at between the parties, nothing remains to be decided in the present matter.

Accordingly, compounding application (IA/2/2024) is allowed. The entire proceedings of Criminal Case No.643 of 2021 State Vs. Ahsan and Others, under Sections 323, 504 and 506 IPC pending in the Court of learned First Judicial Magistrate, Roorkee, District Haridwar, is hereby quashed. Resultantly, the charge-sheet dated 16.11.2020, stands quashed.

Accordingly, the present C482 application is disposed of in terms of the compromise.

Interim order dated 18.08.2022 stands vacated.