Danish And Ors. vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of these criminal miscellaneous applications filed under Section 528 of BNSS and under Section 482 of Cr.P.C., the applicants have challenged the entire proceedings of Criminal Case No.4073 of 2020 State Vs. Vakar Ahmad and Others, for the offences punishable under Sections 323, 504 and 506 IPC, pending in the Court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital as well as the FIR No.53 of 2020 dated 25.01.2020 registered at Police Station Haldwani, District Nainital.

Along with these C528 and C482 applications, joint compounding applications (IA/1/2025 and IA/1/2024) are filed duly supported by separate affidavits by applicants and respondent No.3.

In these compounding applications, it has been stated by the parties that there was some monetary dispute among them, which has been settled now, therefore, they do not want to pursue with the case anymore.

Applicants-Danish, Vakar Ahamad, Tasleem Ahmad and respondent No.3-Madhukar Pratap Singh are present before this Court, who are duly identified by their respective counsels. On interaction, respondent No.3 stated that he wants to end the matter as the monetary dispute among them has been settled now.

Learned State Counsel and learned counsel for the respondent No.3 have no objection if the matter is compounded, as all the offences are compoundable.

Having considered the submissions made by learned counsel for the parties and on perusal of the compounding applications 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 applicant 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 applications (IA/1/2025 and IA/1/2024) are allowed. The entire proceedings of Criminal Case No.4073 of 2020, State Vs. Vakar Ahmad and Others, pending in the Court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, is hereby quashed. Resultantly, the FIR No.53 of 2020 dated 25.01.2020 registered at Police Station Haldwani, District Nainital, stands quashed.

Accordingly, both the C528 and C482 applications are disposed of in terms of the compromise.