C482/1177/2010 of SAJID AND OTHERS Vs STATE OF UTTARAKHAND AND ANOTHER on 30 December 2010

1. Sajid @ Khadak Singh S/o Gafura

2. Kamil S/o Mehardin

3. Momin S/o Nathu

4. Kala S/o Meer Mohammad

5. Ramjan S/o Mer Mohammad

6. Sajid @ Bakra S/o Jamen

7. Irfan S/o Nirasat

8. Neejwan S/o Khanni

9. Meerhasan S/o Lae Akhtar

10. Asik S/o Yakoob Sakinan

11. Anis @ Chichri S/o Rafeek

12. Mohd. Inam S/o Sultan14. Maksod S/o Jafar15. Imran S/o Farjan Khan16. Irshad S/o Farjan Khan17. Seed S/o Naseer18. Sonu S/o Jahed

13. Shamshad @ Patwari S/o Rahimudni

19. Hasim S/o Late Yaseen20. Nisar S/o Pala 21. Sajid S/o Mehandi22. Babu S/o Bulal23. Iqbal S/o Ghundriya25. Matloob S/o Pudna

20. Nisar S/o Pala 21. Sajid S/o Mehandi22. Babu S/o Bulal23. Iqbal S/o Ghundriya24. Hasim Mohammad S/o Gulam Hussain

26. Nurdeen S/o Akhtar Ali

All R/o Mohalla Nawabgarh, P.S. Vikas Nagar, District DehradunDistrict Dehradun

.….. Petitioners

Versus

1. State of Uttarakhand, through Secretary Home, Govt. of Uttarakhand Dehradunof Uttarakhand Dehradun

2. Ilamchandra S/o DevduttR/o Mohalla Dactor Ganj, P.S. Vikas Nagar, District DehradunR/o Mohalla Dactor Ganj, P.S. Vikas Nagar, District Dehradun

……. Respondents

Dated: December 30, 2010

Sri B.S. Parihar, Advocate, present for the petitioners.Sri M.A. Khan, Brief Holder, present for the State.

Sri Atul Bhatt, Advocate, present for respondent no.2 Ilamchandra (complainant).

Hon’ble Prafulla C. Pant, J.

By means of this petition, moved u/s 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), 26 petitioners have sought quashing of proceedings of Criminal Case No.161/2008, State v. Sajid and others, pending in the court of Judicial Magistrate, Vikas Nagar, District Dehradun.

The petition was admitted by this Court on 7.12.2010 and proceedings of aforesaid case were stayed.

Today, an Application No.1499 of 2010 has been moved on behalf of the petitioners and respondent no.2 (complainant) stating that the parties have entered into compromise after dispute is settled amicably between them.

Heard.

Learned counsel for the petitioners submitted that in the first information report neither it is mentioned that the petitioners were not members of scheduled castes or scheduled tribes nor it is mentioned that the complainant was member of scheduled caste, as such, the ingredients of the offence punishable u/s 3(1)(x) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, are not made out. It is further pointed out that the petitioners were not even named in the FIR. The FIR was lodged against unknown persons. It is further submitted on behalf of learned counsel for the parties that in respect of the same incident in question three different versions were given to the police.

Learned counsel for the State, in the above circumstances, has no objection if the application moved on behalf of the petitioners is allowed.

The complainant Ilamchandra is present in the Court and is identified by his counsel Sri Atul Bhatt, who verified the fact that he does not want to prosecute the petitioners.

In the above circumstances, since the ingredients of the offence punishable under Section 3 of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, are not made out and considering the nature of other offences and the compromise between the parties, in the interest of justice, the application moved on behalf of the petitioners and the complainant can be allowed.

Arguments

Therefore the application no.1499/2010, moved on behalf of the petitioners Sajid @ Khadak Singh, Kamil, Momin, Kala, Ramjan, Sajid @ Bakra, Irfan, Neejwan, Meerhasan, Asik, Anin @ Chichri, Mohd. Inam, Shamshad @ Patwari, Maksod, Imran, Irshad, Seed, Sonu, Hasim, Nisar, Sajid, Babu, Iqbal, Hasim Mohammad, Matloob, Nurdeen and Ilamchandra (complainant), is hereby allowed, and the proceedings of Criminal Case No.161/2008, State v. Sajid and others, relating to offences punishable under Sections 147, 427, 452, 506 IPC and 3(1)(x) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, P.S. Vikas Nagar, District Dehradun, pending in the court of Judicial Magistrate, Vikas Nagar, Dehradun, are hereby quashed.

The petition u/s 482 of Cr.P.C. stands disposed of.

Rajni

(Prafulla C.Pant, J.) 30.12.2010