JAMILA Vs. STATE OF UTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the Criminal Case No. 1504 of 2008, captioned as State v. Jameela and others, under sections 147, 148, 149, 307, 323, 504 and 506 of IPC, pending in the Court of Judicial Magistrate, Vikas Nagar, Dehradun. A charge -sheet for the offences punishable under sections 147, 148, 149, 307, 323, 504 and 506 of IPC was submitted against the applicants. Cognizance was taken on the charge -sheet. Accused persons were summoned to face the trial. Aggrieved against the same, present application under section 482 Cr.P.C. was filed by the applicants.

(2.) A compounding application has been filed by the parties to indicate that they have settled their disputes amicably. The parties are related to each other. Injured Nazeem is present in person duly identified by his Counsel Mr. M.A. Khan, Advocate, who says that he along with his bua (ant) and phupha (uncle) have compounded the offences alleged against the applicants. An affidavit of Smt. Jaitun, Naseem, Khatoon, Islam, Julphan, Nazeem, Sazida and Nazim are brought on record to affirm what is being stated by Naseem before the Court today. In other words, all the injured persons filed their affidavits to show that they have no grievance against the petitioners and have no objection if the proceedings pending against them before the Court below are set aside and quashed. One of the applicant namely, Mustaqueem is also present in person, duly identified by his Counsel Mr. B.S. Parihar, Advocate. He says that the injured persons have exonerated the accused persons with the intervention of some gentlemen of the community.

(3.) LEARNED Counsel for the petitioners drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another : (2013) 1 SCC (Cri.) 160, in which Hon'ble Supreme Court observed as below: