Mukkram Khan And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This is an application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No. 652 of 2016, “State of Uttarakhand vs. Mukkaram and others”, pending before the Court of IInd Judicial Magistrate, Udham Singh Nagar.

After completion of the investigation, the Investigating Officer had filed a charge-sheet. The learned trial court took the cognizance and passed the summoning order against the applicants-accused persons as well as against Israr Khan for the offence under Sections 147, 452, 323, 354, 504 and 506 of IPC.

Heard Mr. Mani Kumar, learned counsel for the applicants, Mr. Pramod Tiwari, learned Brief Holder for the State/respondent no.1 and Mr. Kishore Rai, learned counsel for the respondent nos. 2, 3 and 4.

The learned counsel for the State submitted that the co-accused, Israr Khan has died and the case has been abated against him.

All the applicants-accused persons, namely, Mukkram Khan, Aslam Khan, Akram Khan and Babbu Khan alias Ajmat Khan are present in-person before the Court and they are identified by Mr. Mani Kumar, Advocate.

The respondent no.2-informant, the respondent no. 3 and the respondent no. 4, victims, are present in-person before the Court and they are identified by Mr. Kishore Rai, Advocate.

The applicants, the respondent nos.2, 3 and 4 have submitted that there were private disputes between them and they have resolved their disputes, and, after resolving their disputes, they have filed a joint compounding application along with affidavits with their free will and without any pressure. They further submitted that they are living in peace and harmony.

The respondent no.2, informant, and, the respondent nos. 3 and 4, victims, submitted that they do not want to proceed with the said criminal case against the applicants.

The learned counsel for the State submitted that there were private disputes between the parties, and after resolving their disputes, they are living in peace and harmony, therefore, the State has no objection.

Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No. 652 of 2016, “State of Uttarakhand vs. Mukkaram and others”, pending before the Court of IInd Judicial Magistrate, Udham Singh Nagar, are quashed.

Resultantly, entire proceedings of Criminal Case No. 652 of 2016, “State of Uttarakhand vs. Mukkaram and others”, pending before the Court of IInd Judicial Magistrate, Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No.936 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.