2025:UHC:7960 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 1532 of 2025 08 September, 2025 Rajveer Singh and another ---------Applicants Versus State of Uttarakhand & another ------Respondents ---------------------------------------------------------------------- Presence:- Mr. Pawan Mishra, Advocate for the applicants. Mr. Tumul Nainwal, learned Assistant Government Advocate for the State. Mr. Rajni Rangwal, learned counsel for the respondent no.2. ---------------------------------------------------------------------- Hon'ble Subhash Upadhyay, J. (oral) The present Application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants with the prayer to quash the charge- sheet dated 06.02.2018, charge order dated 28.06.2018, passed by the In-charge Chief Judicial Magistrate, Dehradun and the proceeding of Criminal Case No. 714 of 2018, State vs. Rajveer Singh and others, under Sections 420,467,468,471 and 120-B IPC, pending in the Court of Chief Judicial Magistrate, Dehradun. 2. A Compounding Application No. 1 of 2025 has been filed by the applicants Rajveer Singh, Pankaj Kashyap and the respondent no.2 Sushil Kumar. The Compounding Application is duly supported by the affidavits of the applicants and the respondent no.2. The applicants and the respondent no.2 appeared before the Court through Video Conferencing and they have been identified by their respective counsels. In the affidavit, filed in support of the compounding application, the parties have made the following averments:- 1 2025:UHC:7960 “ (i) That during pendency of trial before the trial court, the applicant and respondent no.2 decided to settle their disputes amicably outside the court. Thereafter, the dispute between the applicant and respondent no.2 was compromised amicably outside the Court, in which, it was decided between the parties that the respondent no.2 will withdraw the cases against the applicant from the competent Court. (ii) That the offence under section 420 I.P.C. is a compoundable offence in the schedule of section 359 of B.N.S.S., 2023, but the offence under sections 467, 468, 471 and 120-B I.P.C. are not the compoundable offences in the schedule of section 359 of B.N.S.S., 2023, but this Hon'ble Court may permit the parties to compound the case, by exercising its inherent powers under section 528 of B.N.S.S., 2023, because the powers under section 528 of B.N.S.S., 2023 will prevail the powers under section 359 of B.N.S.S., 2023 as held by the Hon'ble Apex Court in the case of Nikhil Merchant Vs. C.B.1., reported in 2008 (9) SCC 677 as well as in the case of Gian Singh Vs. State of Punjab, reported in 2013 (1) SCC (crl) 160 as the present dispute is arising out of a private dispute between the private parties. iii. That when the applicants and respondent no.2 have already settled their private dispute amicably outside the Court and the respondent no.2 has no grievance against the applicants and the respondent no.2 is also agree to withdraw the case against the applicants, therefore, the criminal proceeding, pending against the applicants, is also liable to be quashed by this Hon'ble Court, in terms of compromise between the parties. iv. That in view of the facts and circumstances of the case, stated in the preceding paragraphs of this affidavit, it is expedient in the interest of justice that the applicants 2 2025:UHC:7960 and respondent no.2 be permitted to compound the case and the charge sheet dt.6.2.2018, charge order dt.28.6.2018, passed by Incharge Chief Judicial Magistrate, Dehradun and the proceeding of criminal case no.714 of 2018 State Vs. Rajveer Singh and others under sections 420, 467, 468, 471 and 120-B I.P.C., pending in the Court of Chief Judicial Magistrate, Dehradun, be quashed, in terms of compromise, taken place between applicants and respondent.” 3. Having heard learned counsel for the parties as well as the petitioners and the respondent no.2 through Video Conferencing, and in view of the law laid down by the Hon’ble Apex Court in the case of Nikhil Merchant Vs. C.B.I., reported in 2008 (9) SCC 677 as well as in the case of Gian Singh Vs. State of Punjab, reported in 2013 (1) SCC (crl) 160, the Compounding Application No. 1 of 2025 is allowed. The offences between the parties are directed to be compounded. Accordingly, the charge- sheet dated 06.02.2018, charge order dated 28.06.218, passed by the In-charge Chief Judicial Magistrate, Dehradun and the proceeding of Criminal Case No. 714 of 2018, State vs. Rajveer Singh and others, under Sections 420,467,468,471 and 120-B IPC, pending in the Court of Chief Judicial Magistrate, Dehradun, are hereby quashed qua the applicants. 4. The C-528 Application filed by the applicants stands disposed of in the aforesaid terms. (SUBHASH UPADHYAY, J.) Dated: 08.09.2025 Kaushal 3