Uttarakhand High Court
Jakir Hussain vs State Of Uttarakhand And Another on 31 August, 2016
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
C482 No.1078/16 Hon'ble Servesh Kumar Gupta, J.
Mr. TPS Takuli, Advocate, for the applicant.
Mr. V.K. Jemini, Dy. Adv. General, for the State/respondent no.1.
Mr. Aamir Malik, Advocate, for respondent no.2.
Having heard learned counsel of either party, it transpires that pursuant to the impugned FIR lodged by respondent no.2, a chargesheet has been submitted against the present applicant for the offences of Section 323, 325, 504 and 506 IPC, whereupon the cognizance has been taken by the Magistrate and the trial is at its initial stage.
Both the parties viz. informant Akeel Ahmed and applicant Jakir Husain have submitted their respective affidavits in the Court that they have entered into a compromise and the terms have amicably been settled between them; they are very close neighbours, as is revealed from their address, residing in the same vicinity and street.
Looking to the nature of offences, the Court is of the opinion that continuation of trial would be a futile exercise in view of the compromise arrived at between the parties.
So, in the given facts, the compounding application (CRMA 1411/16) is allowed. Impugned chargesheet, as well as the entire proceedings of Crl. Case No.370 of 2013, State v. Jakir Husain, u/s 323, 325, 504 and 506 IPC, pending before the Court of Judicial Magistrate-I, Rudrapur (U.S. Nagar), is hereby quashed.
C482 petition stands disposed of in the above terms.
(Servesh Kumar Gupta, J.) 31.08.2016 Rdang