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2025 DAILYLAW 1092 (UTT)

GIRISH CHANDRA PUJARI v. STATE OF UTTARAKHAND

C528/50/2025 · 2025-01-09

Pankaj Purohit

body2025

Judgment text

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 JUDGE’S ORDERS C528 No.50 of 2025 Hon’ble Pankaj Purohit, J. Mr. Akshay Joshi, learned counsel for the applicant. 2. Ms. Sweta B. Dobhal, Brief Holder for the State. 3. Mr. Vishwast Kandpal, learned counsel for respondent no.2. 4. Present C528 application is filed with the prayer to quash the entire proceedings of Criminal Case No. 807 of 2024, State of Uttarakhand vs. Girish Pujari, for the offence under Sections 354 D and 504 IPC and Sections 66C and 67 of the Information Technology Act, 2000, pending before the learned Chief Judicial Magistrate, Pithoragarh, on the basis of compromise entered into between the parties. 5. Compounding application (IA/1/2025) is also filed in the matter, wherein it is prayed to compound the offence between the parties for the offence under Sections 354 D and 504 IPC and Sections 66C and 67 of the Information Technology Act, 2000, pending before the said Court. 6. Applicant - Girish Chandra Pujari is present in Court while respondent no.2 - Smt. Manisha Dhami is present before the Court through V.C., duly identified by their respective counsel. It is submitted by them that they have settled their disputes amicably outside the Court. 7. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 8. Having gone through the compounding application and affidavits filed in support thereof and having considered the submissions made by the parties, who are present before this Court, this Court is of the considered view that once the parties have settled their dispute amicably outside the Court and have come to terms, it would not be conducive to ask them to face the trial. It will be a futile exercise and the prosecution would result into acquittal. No useful purpose would be served. 9. In view of the above, present compounding application (IA/1/2025) is allowed subject to deposit of Rs. 25,000/- by the applicant, in the High Court Advocates Welfare Fund. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 807 of 2024, State of Uttarakhand vs. Girish Pujari, for the offence under Sections 354D and 504 IPC and Sections 66C and 67 of the Information Technology Act, 2000, pending before the learned Chief Judicial Magistrate, Pithoragarh, are hereby quashed. The FIR and charge-sheet submitted in this case are also stand quashed. 10. C528 application stands disposed of in the aforesaid terms. (Pankaj Purohit, J.) 09.01.2025 Kaushal