Manoj Kumar Tiwari, J
1. By means of this Criminal Miscellaneous Application, filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, applicants have sought quashing of Charge Sheet No. 01/2023 dated 08.07.2023, cognizance order dated 12.07.2023 and also proceedings of Sessions Trial No. 17 of 2023, State Vs. Jahid and others, under Sections 306 IPC, pending before learned Additional Sessions Judge, Khatima, District Udham Singh Nagar.
2. A Compounding Application, jointly signed by counsel for applicants and counsel for the respondent has been filed, duly supported by affidavits of applicants and the respondent.
3. The complainant/respondent Mr. Babu Shah, is physically present in Court today, duly identified by his counsel Mr. Nikhil Bhatt. He submits that since the dispute is now amicably settled between the parties, he do not want to prosecute the case any further. He submitted that because of the settlement, now he do not have any rancour with the applicants and proceedings of Sessions Trial No. 17 of 2023, State Vs. Jahid be quashed.
4. Mr. Mohd. Jahid, Ms. Mabiya and Ms. Sajiya Bee, applicants are also present in Court today, duly identified by their counsel Mr. Dushyant Mainali. They submit that since they have resolved their dispute with the respondent amicably, therefore no purpose would be served by keeping this criminal case pending.
5. Having regard to the nature of offence and also considering the broad guidelines issued by Hon'ble Apex Court in the case of Gian Singh Vs State of Punjab reported in (2012) 10 SCC 303; Narinder Singh & others Vs State of Punjab & another reported in (2014) 6 SCC 466 and State of Madhya Pradesh Vs. Laxmi Narayan reported in (2019) 5 SCC 688, request of the applicant deserves to be acceded to.
6. Since the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount to abuse of process of law. Ends of justice would be met only if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. The only consideration for the compromise reached between the parties seems to be their desire to burry the hatchet for all times to come. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.
7. In view of above discussion, Criminal Miscellaneous Application is allowed.
8. Entire proceedings of Sessions Trial No. 17 of 2023, State Vs. Jahid and others, under Sections 306 IPC, pending before learned Additional Sessions Judge, Khatima, District Udham Singh Nagar is hereby quashed along with all proceedings emanating therefrom, subject to cost of `10,000/- to be deposited by the applicants before Uttarakhand State Legal Services Authority within two weeks from today.
9. Compounding application is, accordingly, disposed of.
