Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
`
C-528 No. 422 of 2024 Hon’ble Alok Mahra, J.
Mr. V.K. Kaparuwan, Advocate for the applicant.
Mr. V.S. Rawat, A.G.A. and Mr. Vikas Uniyal, Brief Holder for the State of Uttarakhand.
Mr. Krishan Mohan Joshi, Advocate for respondent no.2.
2. Present C-528 application is filed with the prayer to quash the further proceedings of Criminal Case No. 4162 of 2016 (C.G. No.681 of 2019), pending in the Court of learned Chief Judicial Magistrate, Doiwala, District Dehradun, on the basis of compromise between the parties.
3. Along with present C528 application, a joint compounding application (IA No.1/ 2025) has been filed by the parties. In the compounding application, it is stated that the parties have settled the dispute amicably, parties are ready to compound the aforesaid case and the entire proceedings arises there-from. It is further stated in the compounding application that respondent no.2 does not want to prosecute the applicant in the aforesaid case.
4. Parties are present before this Court and are duly identified by their respective counsel. It is jointly submitted by the parties that they have settled their scores.
5. Learned State Counsel raised a
preliminary objection to the effect that the offences 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 application (IA/1/2024) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 4162 of 2016 (C.G. No.681 of 2019), pending in the Court of learned Chief Judicial Magistrate, Doiwala, District Dehradun, are hereby quashed qua the applicant.
8. C-528 application stands disposed of.
(Alok Mahra J.)
28.02.2025 Arpan