Faisal Alias Mohd Shaha Faisal vs State Of Uttarakhand & Others

Pankaj Purohit, J

Present C528 application has been filed by the applicant along with the Compounding Application (IA/1/2024) for quashing the entire proceedings in Criminal Case No. 2217 of 2024 ‘State vs. Faisal’ including Charge Sheet No. 152 of 2024 dated 07.05.2024, summoning/cognizance order dated 19.07.2024 and FIR No. 531 of 2024 dated 13.10.2023 under Sections 363 & 366 of IPC registered at Police Station Kashipur, District Udham Singh Nagar pending in the Court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

It is contended in the compounding application by the parties that the applicant and the respondent nos. 2 & 3 sort out their dispute amicably outside the Court without any coercion or undue pressure voluntarily with their own sweet will and at present as such no grievance is remained between the parties in litigation.

The applicant and the respondent no.3 is now living as husband and wife and their marriage has been solemnized on dated 17.11.2024 and which has been registered before the Registrar, Compulsory Registration of Marriage, Kashipur, District Udham Singh Nagar on 23.11.2024.

Today, applicant (Faisal @ Mohd Shaha Faisal) and respondent nos.2 & 3 (Azhar Ali and Shafiya respectively), are present before this Court, duly identified by their respective Advocates.

On interaction with the parties, it was found that they do not want to prolong the matter any further and want to settle the dispute amicably.

Respondent no.3, however, made a categorical statement before this Court that she does not want to pursue with the case and wants to put an end to all the disputes between them.

I have gone through the compounding application and the pleadings made by the applicants in C528 application.

Per contra, learned counsel for the State has objected as the offences made out in the present case are non compoundable.

This Court is convinced that once the parties have decided to settle their dispute amicably, it would not be appropriate to direct them to join the trial which would ultimately result into nothing but acquittal and would amount to be a futile exercise.

Accordingly, Compounding Application (IA No.1 of 2024) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings in Criminal Case No. 2217 of 2024 ‘State vs. Faisal’ under Sections 363 & 366 of IPC pending in the Court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar are hereby quashed. Resultantly, FIR No. 531 of 2024 dated 13.10.2023, Charge Sheet No. 152 of 2024 dated 07.05.2024 and summoning/cognizance order dated 19.07.2024 also stand quashed.

C528 application stands disposed of in the aforesaid terms.