Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C482 No.873 of 2018 Hon’ble Alok Mahra, J.
Mr. Sandeep Kothari, Advocate for the applicants.
Mr. Rakesh Kumar Joshi, A.G.A. for the State of Uttarakhand.
2. Notice was issued to respondent no.2. Office report dated 09.08.2018 reveals that respondent no.2 was served personally. Despite sufficient service, no one has put in appearance on her behalf.
3. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 14.09.2017, cognizance/summoning
order dated 02.02.2018 and the entire proceedings of Criminal Case No.84 of 2018, pending in the Court of learned Judicial Magistrate, Vikas Nagar, District Dehradun.
4. An F.I.R. was lodged by respondent no.2 alleging that on 22.06.2017, while her mother was working in the field, her uncle and his son (applicants herein) reached there and, owing to a dispute regarding the pathway, assaulted her mother and tore her clothes.
5. It is contended on behalf of the applicants that, subsequently, on 03.07.2017, a compromise was entered into between the applicants and respondent no.2 in the presence of respectable members of the village. It is further submitted that applicant no.2 is the uncle of respondent no.2 and applicant no.1 is her cousin, and the dispute arose out of a purely personal
and familial issue relating to the use of a pathway. A copy of the compromise was also forwarded to the Station House Officer, Police Station Sahaspur; however, without properly considering the said settlement, the Investigating Officer proceeded to file the charge-sheet dated 14.09.2017.
6.
Learned counsel for the applicants submits that, in view of the amicable settlement arrived at between the parties, who are closely related, and considering that the dispute was essentially private in nature, continuation of the criminal proceedings would serve no useful purpose and would only result in unnecessary harassment to the parties.
7. Having considered the submissions advanced and perused the material on record, this Court is of the view that the dispute between the parties is personal in nature and has been amicably resolved. No overriding public interest is involved, and the possibility of conviction is remote in view of the compromise. Continuation of the proceedings would amount to abuse of the process of the Court.
8. Accordingly, the criminal misc. application is allowed and the entire proceedings of Criminal Case No.84 of 2018, pending before the Court of learned Judicial Magistrate, Vikas Nagar, District Dehradun, are hereby quashed.
(Alok Mahra, J.)
27.04.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9 87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.28 10:12:08 +05'30'