2025:UHC:7967 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 1552 of 2025 08 September, 2025 Sanjay Aich ---------Applicant Versus State of Uttarakhand & another ------Respondents ---------------------------------------------------------------------- Presence:- Mr. M .K.Ray, learned counsel for the applicant. Mr. Tumul Nainwal, learned AGA for the State. Mr. B.S.Koranga, Advocate, holding brief of Mr. Harsh Taneja, 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 applicant with the prayer to quash the impugned charge-sheet dated 15.03.2014 and the cognizance- summoning order dated 09.04.2014, issued by the learned IIIrd Additional Civil Judge (S/D), Rudrapur, District Udham Singh Nagar, along with the entire proceedings of the Criminal Case No. 1566 of 2014, State of Uttarakhand vs. Sanjay Aich, arising out of the FIR No. 109 of 2014, Under Sections 354 and 506 of IPC, lodged at PS Rudrapur, District Udham Singh Nagar pending before the Court of the learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 2. A Compounding Application No. 1 of 2025 has been filed by the applicant Sanjay Aich and the respondent no.2 Smt. Lalita Tiwari. The Compounding Application is duly supported by the affidavits of the applicant and the respondent no.2. The applicant and 1 2025:UHC:7967 the respondent no.2 appeared before the Court in person and are identified by their respective counsels. In the affidavit, filed in support of the compounding application, the parties have made the following averments:- “ (i) That now both the parties have settled their dispute amicably with the intervention of some elderly and reputed persons of the society. The aforesaid compromise has taken place between the parties with their own will, without any fear or pressure. By way of compromise they want to live peacefully in their life. (ii) That due to the aforesaid development, the opposite party no. 2/victim does not want to prosecute the applicant arising out of the criminal case pending before the leaned Trial Court. (iii) That the applicant and opposite party no. 2/victim wants to live peacefully in their life, they want to maintain peace and harmony between them and due to this reason they have settled their dispute amicably with their own desire.” 3. Having heard learned counsel for the parties as well as the petitioner and the respondent no.2 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 impugned charge- sheet dated 15.03.2014 and the cognizance/summoning order dated 09.04.2014, issued by the learned IIIrd Additional Civil Judge (S/D), Rudrapur, District Udham Singh Nagar along with the entire proceedings of the Criminal Case No. 1566 of 2014, State of Uttarakhand 2 2025:UHC:7967 vs. Sanjay Aich, arising out of the FIR No. 109 of 2014, Under Sections 354 and 506 of IPC, lodged at PS Rudrapur, District Udham Singh Nagar, pending before the court of the learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed qua the applicant. 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