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Date COURT’S OR JUDGES’S ORDERS
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29.02.2024 C482 No. 211 of 2024
With
Compounding Application No. IA/1/2024
Hon’ble Rakesh Thapliyal, J.
1. Mr. Vikas Singh Yadav, learned counsel
for the applicant, Mr. Deepak Bhardwaj, learned
Brief Holder for the State and Mr. Bhupendra
Prasad Koranga, learned counsel holding brief of
Mr. Ravi Bisht, learned counsel for respondent No.
2.
2. The instant C482 Application has been
moved for quashing of the proceedings of Criminal
Case No. 214 of 2024, arising out of Case Crime No.
301 of 2022, State Vs. Munvar Hussain and others,
whereby the present applicants have been
implicated for the offences punishable under
Sections 147, 323, 504 and 506 of IPC, registered at
P.S. Kashipur, District Udham Singh Nagar, which is
pending in the Court of Additional Chief Judicial
Magistrate, Kashipur, District Udham Singh Nagar.
3. The C482 Application has been
preferred along with the Compounding Application,
which is supported with the affidavits of the
applicants and respondent No. 2. The applicants
and respondent No. 2 are present in Court and they
are duly identified by their respective counsel
through their Aadhaar Cards. This Court has also
interacted each of them.
4. It is contended in the Compounding
Application that the complainant and all the
applicants are in fact the family members and the
brother of the complainant married with the
daughter of applicant No. 1-Munvar Hussain. But,
due to some differences, both are residing
separately. The brother of the respondent
complainant is serving in Saudi Arabia.
5. In the compounding application, it is
agreed that the brother of the respondent
complainant settled the dispute with his wife i.e.
the daughter of applicant No. 1 and towards
permanent alimony, it is agreed that he will pay Rs.
6.00 lakh to his wife the daughter of applicant No.
1. It is informed to this Court that out of total
amount of Rs. 6.00 lakh, Rs. 2.00 lakh has already
been paid and the remaining amount will be paid
by tomorrow.
6. It is also contended in the compounding
application that due to some differences in
between the daughter of applicant No. 1 with the
brother of respondent No.2 complainant, this FIR
has been lodged. Now, they have settled their
disputes. The complainant-Arshad is present in
Court and this Court has also interacted with him
and he submitted that only because of the dispute
in between the daughter of applicant No. 1 with
the brother of respondent No. 2, this FIR has been
lodged and since both of them settled their
disputes, he doesn’t want to pursue the aforesaid
proceedings.
7. Mr. Deepak Bhardwaj, learned Brief
Holder for the State fairly submits that pursuant to
the FIR, the charge-sheet has been filed after
collecting the credible evidence, however, he fairly
submits that all the applicants and respondent No.
2 the complainant are family members, and in fact,
the main cause of institution of this FIR is nothing
but a dispute in between the daughter of the
applicant No. 1 with the brother of complainant
respondent No. 2, and since they have resolved
their dispute and the daughter of applicant No. 1
and the brother of respondent No. 2 have now
decided to be separated and it is agreed that
towards permanent alimony Rs. 6.00 lakh is to be
paid, out of which Rs. 2.00 lakh has already been
paid and remaining amount will be paid tomorrow.
8. Learned Brief Holder for the State
further pointed out that except the offences
punishable under Sections 147 and 506 of IPC, rest
of the offences are compoundable, but since all are
family members, and they have now settled their
disputes, therefore, these offences can also be
compounded.
10. After hearing the learned counsel for
the parties and looking to the grounds as taken in
the compounding application and further on the
submissions advanced by the learned Brief Holder
for the State, this Court is of the view that the
compounding application deserves to be allowed.
11. In view of this, the Compounding
Application is allowed.
12. The proceedings of Criminal Case No.
214 of 2024, State Vs. Munvar Hussain and others,
wherein the present applicants are facing trial for
the offences punishable under Sections 147, 323,
504 and 506 of IPC, registered at P.S. Kashipur,
District Udham Singh Nagar, pending in the Court
of Additional Chief Judicial Magistrate, Kashipur,
District Udham Singh Nagar, are hereby quashed.
14. Accordingly, the C482 Application
stands disposed of.
(Rakesh Thapliyal, J.)
29.02.2024
Mahinder/