MOHD. UMAR SAIFI AND OTHERS vs STATE OF UTTARAKHAND AND ANOTHER

Heard learned counsel for the parties.

The criminal misc. application has been filed by the applicants for quashing the impugned charge sheet dated 05.12.2017 filed in F.I.R. No. 158 of 2017, and entire proceedings of Criminal Case No. 213 of 2018, “State Vs. Mohd. Umar Saifi and others”, under Sections 147, 149, 323, 504, 506, 427 of I.P.C., Police Station Banbhulpura, District Nainital pending in the Court of Second Judicial Magistrate, Haldwani, Nainital. Along with the application, joint compounding application has also been filed. In support of compounding application, affidavits have been filed by applicant no. 1 (Mohd. Umar Saifi) and son of the respondent no. 2/ injured (Mohd. Islam). It is stated in the affidavit that due to intervention of some respectable persons parties have entered into a compromise and settled the matter outside the Court amicably and they now want to live peacefully without any grievances against each other.

Parties are present before this Court on today and they are identified by their respective Counsel. They verified the contents of the compromise application.

It is prayed that the offences punishable under Sections 147, 149, 323, 504, 506, 427 of I.P.C., registered at Police Station Banbhulpura, District Nainital may be compounded and the proceedings of Criminal Case No. 213 of 2018, “State Vs. Mohd. Umar Saifi and others”, under Sections 147, 149, 323, 504, 506, 427 of I.P.C., Police Station Banbhulpura, District Nainital pending in the Court of Second Judicial Magistrate, Haldwani, Nainital may be quashed.

Learned State Counsel submitted that aforesaid sections are compoundable.

In view of the principle of law laid down by Hon’ble the 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 this Court, if this 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 submission of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed.

Accordingly, the criminal misc. application is allowed. Proceedings of Criminal Case No. 213 of 2018, “State Vs. Mohd. Umar Saifi and others”, under Sections 147, 149, 323, 504, 506, 427 of I.P.C., Police Station Banbhulpura, District Nainital pending in the Court of Second Judicial Magistrate, Haldwani, Nainital, is hereby quashed, qua the applicants.

Compounding application is, accordingly, disposed of.