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2025 DAILYLAW 11083 (UTT)

MRIDUL SIKDAR v. STATE OF UTTARAKHAND

C528/414/2024 · 2025-07-09

Ashish Naithani

body2025

Judgment text

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2025:UHC:5909 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS IA No.01 of 2024 (Compounding Application) In C-528 No. 414 of 2024 Hon’ble Ashish Naithani, J. Mr. Manoj Bhatt, learned counsel for the Applicant. 2. Mr. Rakesh Negi and Mr. Prabhat Kandpal, learned Brief Holders for the State. 3. Mr. Mani Kumar, learned counsel for respondent no.2. 4. In the present Application filed under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023, the Applicant wishes to quash/set- aside the Charge sheet dated 05.05.2024 and summoning order dated 20.06.2024 along with the entire proceedings of Criminal Case No.2168 of 2024, titled as “State of Uttarakhand vs. Mridul Sikdar”, under Sections 307, 323 & 504 of I.P.C., at Police Station Dineshpur, District Udham Singh Nagar, pending in the court of learned 2nd Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 5. The Applicant, Mridul Sikdar and respondent no.2, Paramjeet Singh are present before this Court, who are identified by their respective counsel. 6. Along with C-528 application, a compounding application has been signed by the 2025:UHC:5909 parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent no.2, whereby they have stated that the matter has already been amicably settled between the parties and now the Opposite Party no.2, Paramjeet Singh does not want to prosecute the applicant and also does not want to proceed with the matter further, therefore, the proceedings and other consequential order arising out of the F.I.R. in question may be quashed. 7. Learned State counsel opposes the compounding application at the outset that firstly, the matter relates to the offence punishable under Section 307 of IPC, whereby an attempt to murder, was made and the injured/complainant was hit by an iron rod resulting into lacerated wound in the head and as per the opinion of the doctor, it was fatal in nature. 8. Since the dispute between the parties has been settled amicably and the injury sustained by the Respondent no.2/injured/complainant, does not pose to the life threatening harm to the injured and the injured himself has initiated that the matter may be settled in term of compromise as the Respondent no.2 has no further grudge against the Applicant/accused. 9. In view of the above, Compounding 2025:UHC:5909 Application (IA No.01 of 2024) is allowed. As a consequence thereof, the Charge sheet dated 05.05.2024 and summoning order dated 20.06.2024 along with the entire proceedings of Criminal Case No.2168 of 2024, titled as “State of Uttarakhand vs. Mridul Sikdar”, under Sections 307, 323 & 504 of I.P.C., at Police Station Dineshpur, District Udham Singh Nagar, pending in the court of learned 2nd Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. 10. Present Criminal Misc. Application u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.) 09.07.2025 Akash