Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4350 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C-482 No. 1532 of 2021 Hon’ble Ashish Naithani, J.
Mr. Narendra Bali, learned counsel for the applicant.
2. Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand.
3. Mr. Gaurav Kandpal, learned counsel for the respondent no. 2.
4. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet, impugned summoning
order dated 24.02.2021 and the entire proceedings of Special Sessions Trial No. 06 of 2021, “State vs. Himesh Saxena”, under Sections 376, 504, 506 of the Indian Penal Code, 1860 and under Section 3(1)(W)(i)(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the Court of District and Sessions Judge, Haridwar.
5. Along with C-482 Application, a compounding application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent. Applicant and private respondent are present before this Court and are duly identified by their respective counsels.
6.
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.
7. Heard learned counsel for the parties and perused the material available on record.
8. In view of the principle of law laid down by Hon’ble
2025:UHC:4350 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.
9. Per contra, learned State Counsel has formally objected to the offences made out in the present case.
10. 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 Special Sessions Trial No. 06 of 2021, “State vs. Himesh Saxena”, under Sections 376, 504, 506 of IPC and under Section 3(1)(W)(i)(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the Court of District and Sessions Judge, Haridwar are hereby quashed.
11. In view of the above, the compounding application is allowed. The entire proceedings of Special Sessions Trial No. 06 of 2021, “State vs. Himesh Saxena”, under Sections 376, 504, 506 of IPC and under Section 3(1)(W)(i)(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the Court of District and Sessions Judge, Haridwar, are hereby quashed.
12. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, 1973, is
disposed of accordingly.
(Ashish Naithani, J.) 23.05.2025 Shiksha
SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF 5DD9, cn=SHIKSHA BINJOLA Date: 2025.05.23 14:51:35 +05'30'