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 JUDGES’S ORDERS
2025:UHC:1975
IA No.1 of 2021 (Compounding Application) In C482 No.1416 of 2021 Hon’ble Ashish Naithani, J.
Mr. Kishore Rai, learned counsel for the applicants.
2. Mr. Virendra Singh Rawat, learned AGA, for the State of Uttarakhand.
3. Mr. Mani Kumar, learned counsel for the complainant.
4. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 13.11.2016 and the entire proceedings of Session Trial No.135 of 2017,
“State of Uttarakhand Vs. Shyam Babu and others”, under Sections 323, 324, 452, 504 and 506 of IPC and under Sections 3(1) X of the SC and ST Act, pending before the court of learned Session Judge, Rudrapur, District Udham Singh Nagar.
5. Along with C482 application, a compounding application (IA No.1/2021) has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicants and respondent no.2- complainant.
6. This Court has been informed that applicant
no.2 –Shyam Babu, died during the pendency of the C482 application.
7. Applicant nos.1 and 2 along with respondent no.2 are present before this Court, who has been duly identified by their respective counsels. Respondent no.3, is present before this Court through video conferencing.
8.
Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them.
9. Heard learned counsel for the parties and perused the material available on record.
10. This Court had interacted with the parties and they have submitted that they do not want to pursue the matter any further, and they have no objection if the compounding application is allowed.
11. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable.
12. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this
Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.
13. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Session Trial No.135 of 2017, “State of Uttarakhand Vs. Shyam Babu and others”, under Sections 323, 324, 452, 504 and 506 of IPC and under Sections 3(1) X of the SC and ST Act, pending before the court of learned Session Judge, Rudrapur, District Udham Singh Nagar, are hereby quashed.
14. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.
(Ashish Naithani, J)
20.03.2025 NR/