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2025 DAILYLAW 1098 (UTT)

Jitendra Kumar v. STATE OF UTTARAKHAND

C482/1244/2016 · 2025-06-13

Alok Mahra

body2025

Judgment text

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2025:UHC:4918 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS I.A. No.1 of 2024 (Compounding Application) In C482 No.1244 of 2016 with I.A. No.1 of 2024 (Compounding Application) In C482 No.841 of 2016 Hon’ble Alok Mahra, J. Mr. M.K. Goyal, Advocate for the applicants. Mr. Akshay Latwal, A.G.A. for the State of Uttarakhand. Ms. Suraiya Naaz, Advocate, holding brief of Mr. Lalit Sharma, Advocate for respondent no.2. 2. Present criminal misc. applications are filed with the prayer to set-aside/ quash the charge-sheet dated 26.10.2015 as well as cognizance order dated 18.05.2016 and the entire proceedings of Criminal Case No. 2649 of 2016, pending in the Court of learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, on the basis of compromise between the parties. 3. A Coordinate Bench of this Court vide order dated 17.09.2024 directed the parties to appear before the District Legal Services Authority, District Udham Singh Nagar, on 16.10.2024. The Secretary, District Legal Services Authority was further directed to submit his report to this Court. In compliance of order dated 16.10.2024, the Secretary has submitted his report. 4. It is reported that Ram Krishna Srivastava/applicant no.2 in C482 No.841 of 2016 has expired. Other applicants and 2025:UHC:4918 respondent no.2 are present before this Court and are duly identified by their respective counsels. It is submitted by the respondent no.2 that he has settled the scores. 5. Learned State Counsel raised a preliminary objection to the effect that the offences punishable under Section 467, 468 & 471 I.P.C. sought to be compounded are non-compoundable. 6. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 7. Following the aforesaid ratio, present compounding applications are allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 2649 of 2016, pending in the Court of learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. 8. Criminal misc. applications stand disposed of. (Alok Mahra, J.) 13.06.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853654 45e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.06.13 15:08:59 +05'30'