Disposed

Ameer Hamja Qureshi v. State of Uttarakhand

Uttarakhand HC2 Apr 2026C528/536/2026

Case brief

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What is this about?

Application to quash chargesheet, cognizance order and trial proceedings under Sections 363 and 366A IPC on the basis of a compromise between the parties. Relying on Supreme Court precedent permitting compounding of non-compoundable offences with the court's permission, the compounding application was allowed and proceedings were quashed qua the applicant.

What the court decided

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Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

C-528 No. 536 of 2026
Hon’ble Alok Mahra, J.
Mr. Gaurav Singh, learned counsel for the
applicant.
2.
Mr. S.C. Dumka, learned A.G.A. for the
State.
3.
Mr. Ramji Srivastav, learned counsel for
respondent no. 3.
4.
The present criminal misc. application is
filed with a prayer to set-aside the chargesheet,
summoning/cognizance order as well as the
entire proceedings of Criminal Case No. 8218 of
2019, State Vs. Ameer Hamja Qureshi, under
Sections 363 and 366A of IPC, pending in the
court of learned CJM, Haridwar and also the
subsequent proceedings of Session Trial No. 63
of 2021, State Vs. Ameer Hamja Qureshi,
pending in the court of learned 4^thAdditional
Session Judge, Haridwar, on the basis of
compromise between the parties.

5.
Now,
parties
have
entered
into
an
agreement
and
they
have
settled
their
grievances. They are present before this Court
through
video
conferencing
and
are
duly
identified by their respective counsels. Parties
have also filed their respective affidavits stating
the facts of compromise between them.
6.
Compounding application is also filed in
the matter wherein it is prayed to compound
the offence between the parties under Sections
363 and 366A of IPC.
7.
Learned counsel for the applicant submits
that the parties have amicably settled their
dispute and have entered into a compromise.

8. Learned State Counsel raised a
preliminary objection to the effect that the offences sought to be compounded are non- compoundable.
9. However, the Hon’ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non- compoundable offences with the permission of Court. 10. Furthermore, Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused.
11. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 8218 of 2019, State Vs. Ameer Hamja Qureshi, under Sections 363, 366A of IPC, pending in the court of learned CJM, Haridwar and also the subsequent proceedings of Session Trial No. 63 of 2021, State Vs. Ameer Hamja Qureshi, pending in the court of learned 4^thAdditional Session Judge, Haridwar are hereby quashed_qua_the applicant. FIR and charge-sheet filed pursuant thereto stand quashed.
12. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.) 02.04.2026 Ujjwal

8.
Learned
State
Counsel
raised
a

preliminary objection to the effect that the
offences sought to be compounded are non-
compoundable.

9.
However, the Hon’ble Apex Court in the
case of B.S. Joshi and others Vs. State of
Haryana reported in (2003) 4 S.C.C., Page 675,
has
permitted
compounding
of
non-
compoundable offences with the permission of
Court.
10. Furthermore, Hon’ble Supreme Court, in a
catena of its judgments, has observed that in
cases where because of the compromise arrived
at between the parties, possibility of conviction
is remote and bleak, the High Court may quash
the criminal proceedings as continuation of the
same would cause great prejudice and injustice
to the accused.

11. Following the aforesaid ratio, present
compounding
application
is
allowed.
The
offences between the parties are permitted to
be
compounded.
As
a
result,
the
entire
proceedings of Criminal Case No. 8218 of 2019,
State Vs. Ameer Hamja Qureshi, under Sections
363, 366A of IPC, pending in the court of
learned CJM, Haridwar and also the subsequent
proceedings of Session Trial No. 63 of 2021,
State Vs. Ameer Hamja Qureshi, pending in the
court of learned 4^thAdditional Session Judge,
Haridwar are hereby quashed_qua_the applicant.
FIR and charge-sheet filed pursuant thereto
stand quashed.

12. C-528 application stands disposed of in
the aforesaid terms.
(Alok Mahra J.)
02.04.2026
Ujjwal

Ameer Hamja Qureshi v. State of Uttarakhand

Case brief

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What the court decided

Ameer Hamja Qureshi v. State of Uttarakhand

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