Anzar Hussain Alias Hussain And Another vs State Of Uttarakhand And Another

Pankaj Purohit, J

Delay in filing the counter affidavit is condoned. Counter affidavit filed by the State is taken on record. Delay Condonation Application (IA/1/2023) made therefor, is allowed.

By means of the present C482 application, the applicants have put to challenge the impugned Charge-sheet dated 28.11.2021, cognizance/summoning order dated 22.01.2022 and entire proceedings of Criminal Case No.795 of 2022 State Vs. Anzar Hussain and Others, for the offences punishable under Sections 323, 506 and 541 IPC, pending before the learned Judicial Magistrate First, Rudrapur, District Udham Singh Nagar.

Along with the present C482 application, a joint compounding application (IA/3/2025) 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 they have settled their dispute amicably and the respondent No.2 does not want to pursue with the case anymore.

Applicant No.1- Anzar Hussain@ Hussain is present before this Court, while applicant No.2-Shaista Parveen and respondent No.2-Aasma, are present before this Court through V.C., who are duly identified by their respective counsel. On interaction, respondent No.2 categorically stated that she and the applicants are family members and she is wife of brother of applicant No.1 and the matter is now amicably settled by them with their free will and without any coercion, therefore, she has no grievance against the applicants and she does not want to prosecute the applicants in the aforesaid matter any further.

Learned State Counsel has no objection, if the present matter is compounded, as all the offences are compoundable.

Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.

Accordingly, compounding application (IA/3/ 2025) is allowed.

In view of the above, the present C482 application is allowed in terms of the compromise. The entire proceedings of Criminal Case No.795 of 2022 State Vs. Anzar Hussain and Others, for the offences punishable under Sections 323, 506 and 541 IPC, pending before the learned Judicial Magistrate First, Rudrapur, District Udham Singh Nagar, is hereby quashed. Resultantly, the Charge Sheet dated 28.11.2021 and FIR No.336 of 2021 dated 16.10.2021, registered at P.S. Gadarpur, District Udham Singh Nagar, stand quashed.