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2024 DIGILAW 62 (UTT)

Akhlak v. State of Uttarakhand

2024-01-17

ALOK KUMAR VERMA

body2024
JUDGMENT : Alok Kumar Verma, J. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.83 of 2022, “State vs. Akhlak and Others”, pending before the court of IInd Additional District and Sessions Judge, Haldwani, District Nainital under Sections 307, 323, read with Section 34, Section 504 and Section 506 of the Indian Penal Code, 1860. 2. All the three applicants – accused persons, namely, Akhlak, Iqbal and Bholu alias Afzal are present in-person before this Court. 3. The respondent no.3 Rehan Iliyas, the informant, and the respondent no.4 Rizwan Ansari alias Rizwan Iliyas, the injured, are present in-person before this Court. 4. Mr. Tajhar Qayyum, learned counsel for the applicants. 5. Mr. V.K. Jemini, learned Deputy Advocate General for the State. 6. Mr. Mehboob Rahi, learned counsel for the respondent no.3 and respondent no.4. 7. All the three applicants are identified by Mr. Tajhar Qayyum, Advocate. 8. The respondent no.3 and the respondent no.4 are identified by Mr. Mehboob Rahi, Advocate. 9. Both, the applicants, the respondent no.3 and the respondent no.4 submitted that there were private disputes between them and they have resolved their disputes and after resolving their disputes they have filed a Compounding Application (IA No.01 of 2023) along with affidavits with their free will and without any pressure. They have requested to decide the matter on the basis of the compromise. 10. Learned counsel for the State submitted that all the witnesses of facts are declared hostile. They have not supported the case of the prosecution, therefore, the State has no objection to decide the present matter on the basis of the compromise. 11. The applicants, the respondent no.3 and the respondent no.4, after resolving their disputes, are living in peace and harmony. 12. In the said circumstances, in case, proceedings are allowed to continue, it would amount to denial of complete justice to the parties. 13. Therefore, it is a fit case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 14. Consequently, the present Application (No.2319 of 2023), filed under Section 482 of the Code of Criminal Procedure, 1973, is allowed. 13. Therefore, it is a fit case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 14. Consequently, the present Application (No.2319 of 2023), filed under Section 482 of the Code of Criminal Procedure, 1973, is allowed. The entire proceedings of Criminal Case No.83 of 2022, State vs. Akhlak and Others”, pending before the court of IInd Additional District and Sessions Judge, Haldwani, District Nainital under Sections 307, 323, read with Section 34, Section 504 and Section 506 of the Indian Penal Code, 1860, are quashed.