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2025 DAILYLAW 11168 (UTT)

ANAND GUPTA v. STATE OF UTTARAKHAND

C528/443/2024 · 2025-03-11

Alok Mahra

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 JUDGES’S ORDERS 11.03.2025 C528 No.443 of 2024 Hon’ble Alok Mahra, J. Mr. Nishant K. Adhikari, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned DAG for the State. 3. Mr. Rakshit Srivastava, learned counsel for respondent no.2. 4. Present C528 application is filed with the prayer to quash the charge sheet dated 12.01.2024 as well as the entire proceedings of Criminal Case No.5013 of 2021, under Sections 392, 411 & 34 of IPC, pending in the court of 1st Addl. Chief Judicial Magistrate, Dehradun on the basis of compromise between the parties. 5. Compounding application (IA/1/2024) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 420 & 120B of IPC. 6. Parties are present before this Court through V.C. today and duly identified by their respective counsels. Parties have also filed their respective affidavits stating the above fact of compromise between them. 7. Learned State Counsel has formally opposed the compounding application. 8. 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. 9. In view of the above, Compounding Application is allowed. As a result, the charge sheet dated 12.01.2024 as well as the entire proceedings of Criminal Case No.5013 of 2021, under Sections 392, 411 & 34 of IPC, pending in the court of 1st Addl. Chief Judicial Magistrate, Dehradun are hereby quashed qua the applicant. 10. C528 application stands disposed of in the aforesaid terms. (Alok Mahra, J.) 11.03.2025 BS