HIGH COURT OF UTTARAKHAND
Zafar Chaudhary – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
C482 955 / 2015
Office Notes, reports, orders or proceedings SL.
Date or directions COURT’S OR JUDGE’S ORDERS No.
and Registrar’s order with Signatures C482/ 955/ 2015 Hon’ble Alok Mahra, J.
Mr. Jitendra Chaudhary, learned counsel for the applicant.
2. Mr. S. S. Chauhan, learned Deputy Advocate General along with Mr. Vikash Uniyal, learned B.H. for the State/respondent no.1 and Mr. G.C.Lakchaura, learned counsel for the respondent no.2.
3. Present C-482 Application has been filed with the prayer to quash the Charge-sheet dated 28.09.2014, Summoning Order dated 15.10.2014 as well as the entire proceedings of criminal Case No. 2895 of 2014, State vs. Nazar Hussain & others, under Sections 323, 504, 506, 427 IPC and Sections 3 (1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending in the court of Civil Judge(S/D)/Judicial Magistrate, Kashipur, District Udham Singh Nagar on the basis of compromise between the parties.
4. Compounding application (IA/4/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 323, 504, 506, 427 IPC and Sections 3 (1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
5. Parties are present before this Court today, duly identified by their respective counsels. Parties have also filed their respective affidavits stating the above fact of compromise between them.
6. Learned State Counsel has formally opposed the compounding application.
7. However, the Hon’ble Apex Court in the case of Ramgopal and Another Vs. State of Madhya Pradesh reported in (2022) 14 S.C.C., Page 531 has permitted compounding of non-compoundable offences with the permission of Court even relating to the SC&ST Act. On perusal of the compounding application it has come out that the alleged offence was not committed on account of the caste of the victim.
8. Following the aforesaid ratio, present compounding application (IA/4/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 2895 of 2014, State vs. Nazar Hussain & others, under Sections 323, 504, 506, 427 IPC and Sections 3 (1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending in the Court of Civil Judge(S/D)/Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed qua the applicants.
9. C528 application stands disposed of in the aforesaid terms. (Alok Mahra, J.)
29.04.2025 Kaushal
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