Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 10591 (UTT)

VIKAS GOSWAMI v. STATE OF UTTARAKHAND

C528/329/2024 · 2025-02-11

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:737 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 329 of 2024 11th February, 2025 Vikas Goswami ….Applicant Versus State of Uttarakhand and another ……Respondents ---------------------------------------------------------------------- Presence:- Mr. Pavan Kumar Nath, Advocate for the applicant. Ms. Shweta B. Dobhal, B.H. for the State. Mr. Prashant Khanna, Advocate holding brief of Ms. Garima Thapa, Advocate for respondent no.2. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. Present C528 application has been filed by the applicant along with the Compounding Application (IA/1/2024) for quashing the entire proceedings of Criminal Case No.2943 of 2022 (FIR No.0064 of 2021 dated 21.03.2021 & Charge Sheet dated 11.09.2021), under Section 354A(1)(iv), State Vs. Vikas Goswami, registered with Police Station Dineshpur, District Udham Singh Nagar, pending before the court of Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 2. It is contended in the compounding application by the parties that they have entered into amicable settlement and, particularly, respondent no.2 does not want to pursue with the present case, in view of the compromise entered into between the parties. 3. Today applicant (Vikas Goswami) and respondent no.2 (Smt. Mamta Mehra), are present before this Court, duly identified by their respective Advocates. 4. On interaction with the parties, it was found that they does not want to prolong the matter any further and want to settle the dispute amicably. 5. Respondent no.2, however, made a categorical statement before this Court that she does not want to pursue with the case and 2025:UHC:737 2 wants to put an end to all the disputes between them. 6. I have gone through the compounding application and the pleadings made by the applicants in C528 application. 7. Per contra, learned counsel for the State has objected as the offences made out in the present case are non compoundable. 8. This Court is convinced that once the parties have decided to settle their dispute amicably, it would not be appropriate to direct them to join the trial which would ultimately result into nothing but acquittal and would amount to be a futile exercise. 9. Accordingly, Compounding Application (IA No.1 of 2024) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No.2943 of 2022 under Section 354A(1)(iv), State Vs. Vikas Goswami, registered with Police Station Dineshpur, District Udham Singh Nagar, pending before the court of Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar are hereby quashed. The FIR No.0064 of 2021 dated 21.03.2021 & Charge Sheet dated 11.09.2021 filed also stand quashed. 10. C528 application stands disposed of in the aforesaid terms. (Pankaj Purohit, J.) 11.02.2025 SK