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High Court of Uttarakhand · body

2023 DAILYLAW 750 (UTT)

KAPIL BISHT v. STATE OF UTTARAKHAND

C528/954/2026 · 2026-05-11

Ashish Naithani

Public Interest Litigationbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C-5 2 8 No. 9 5 4 of 2 0 2 6 Kapil Bisht ……Applicant Vs. State of Uttarakhand and Another ..…Respondents Hon ’ble Ash ish Nait h an i, J. Mr. Priyanshu Gairola, learned counsel for the Applicant. 2. Mr. Chitrarth Kandpal, learned Brief Holder for the State of Uttarakhand. 3. Mr. Rahul Bhatiya, learned counsel for Respondent No. 2. 4. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant seeking quashing of the charge-sheet dated 19.10.2020, the cognizance and summoning order dated 17.02.2021 and the entire proceedings of Criminal Case No. 1275 of 2021, State vs. Kapil Bisht, for the offences punishable under Sections 354, 504, 506 IPC, registered at P.S. Nehru Colony, District Dehradun, pending in the Court of Fifth Additional Chief Judicial Magistrate, Dehradun. 5. Along with the present application, a Joint Compounding Application (I.A. No. 01 of 2026, Paper No. 32) has also been filed, bearing the signatures of the parties and duly endorsed by learned counsel for the Applicant, Mr. Priyanshu Gairola, Advocate, and learned counsel for Respondent No. 2, Mr. Rahul Bhatiya, Advocate. The said application is supported by affidavits of the respective parties, wherein it has been averred that the dispute, being personal in nature, has been amicably settled between them. 6. Today, the Applicant as well as Respondent No. 2 are present in person before this Court and have been duly identified by their respective counsel. 7. This Court has interacted with the Applicant as well as Respondent No. 2. During the course of such interaction, the parties have categorically stated that they have amicably resolved their disputes and do not wish to pursue the matter any further. They have further stated that they have no objection in case the Compounding Application is allowed and the proceedings are quashed. 8. Per contra, learned State Counsel has opposed the Compounding Application on the ground that some of the offences involved in the present matter are non-compoundable in nature. 9. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court is of the considered opinion that the dispute between the parties is personal in nature and now stands amicably settled between them. In such circumstances, continuation of the criminal proceedings would serve no fruitful purpose and would amount to abuse of the process of law. 10. Accordingly, the Compounding Application deserves to be allowed and the entire proceedings of Criminal Case No. 1275 of 2021, State vs. Kapil Bisht, for the offences punishable under Sections 354, 504, 506 IPC, registered at P.S. Nehru Colony, District Dehradun, pending in the Court of Fifth Additional Chief Judicial Magistrate, Dehradun, are liable to be quashed qua the present Applicant. 11. Consequently, the Compounding Application (I.A. No. 01 of 2026) is allowed. The entire proceedings of the aforesaid criminal case are hereby quashed qua the present Applicant only. 12. Accordingly, the present Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands disposed of. ( Ash ish Nait h an i, J.) 11.05.2026 Anand/