Shahid Momin vs State Of Uttarakhand And Another

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of the present C528 application, the applicant has challenged the charge-sheet dated 26.10.2023 u/s 420, 467, 468, 471 & 34 IPC filed in

FIR No.337 of 2023 dated 15.06.2023 u/s 420 IPC registered at Police Station Rudrapur, District Udham Singh Nagar along with the summoning

order dated 27.10.2023 passed in Criminal Case No.3049 of 2023 State Vs. Shahid Momin, as well as the entire proceedings of the aforesaid

Criminal Case pending in the Court of Learned Chief Judicial Magistrate, District Udham Singh Nagar in terms of the compromise arrived at between

the parties.

A joint compounding application (IA/1/ 2024) is filed by both the parties along with the separate affidavits. Although, since the applicant-Shahid

Momin is under custody, therefore, after taking an authority letter from the applicant, attested by the Jailor, Sub-Jail, Haldwani, the compounding

application and affidavit is filed by applicant’s real brother-Sajid Momin.

In the compounding application, it has been stated by the parties that the parties have entered into a compromise and they have settled their disputes

amicably. In terms of the compromise, Sajid Momin-brother of the applicant had already paid an amount of Rs.2,80,000/- to the respondent No.2-

informant.

Applicant’s brother-Sajid Momin is present through V.C. and respondent No.2-informant-Malkeet Singh is present before this Court, who are

duly identified by their respective counsels. On interaction, both the parties have admitted that the dispute is settled amicably and they do not want to

pursue the matter any further.

Learned State Counsel, per contra, opposed that the matter can be compounded, as some of the offences are non-compoundable.

In view of the principle of law laid down by Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC

303 as well as in Transfer petition (Criminal) No.115 of 2012 (Dimpey Gujral Vs. Union Territory of Chandigarh) decided on 06.12.2012,

criminal proceedings can be quashed by the Court, if the Court is satisfied that matter has been settled between the parties amicably and parties are

interested to restore peace and harmony between them.

Having considered the submissions made by learned counsel for the parties and having gone through the entire material available on record, this

Court is of the opinion that once the parties have entered into a compromise and they have settled their dispute amicably, there would be no useful

purpose for referring the applicant to Court to face the trial. It would be 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/1/2024) is allowed. The entire proceedings of Criminal Case No.3049 of 2023S tate Vs. Shahid Momin,

pending in the Court of Learned Chief Judicial Magistrate, District Udham Singh Nagar, is hereby quashed. Resultantly, the charge-sheet dated

26.10.2023 u/s 420, 467, 468, 471 & 34 IPC filed in FIR No.337 of 2023 dated 15.06.2023 u/s 420 IPC registered at Police Station Rudrapur, District

Udham Singh Nagar, stands quashed qua the applicant-Shahid Momin. It is directed that the applicant-Shahid Momin shall be released immediately, if

he is not wanted in any other case, subject to the deposit of Rs.50,000/- to the Uttarakhand High Court Bar Association Advocates’ Welfare

Fund.

Accordingly, the present C528 application is disposed of in terms of the compromise.

Pending application(s), if any, also stands disposed of.