Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 11322 (UTT)

MUNEER AHMAD BAQAL v. STATE OF UTTARAKHAND

C528/488/2024 · 2025-02-21

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 21.02.2025 C528 No.488 of 2024 Hon’ble Alok Mahra, J. Heard Mr. Ajay Joshi, learned counsel for the applicant, Mr. Akshay Latwal, learned Brief Holder for the State and Mr. Pradeep Lohani, learned counsel for respondent no.2. 2. Present C528 application is filed with the prayer to quash the entire proceedings of Criminal Case No.1513 of 2024 (FIR No.0011/2024), under Sections 279 and 304A of IPC, pending in the court of Judicial Magistrate/1st Addl. Civil Judge, Haldwani District Nainital on the basis of compromise between the parties. 3. Compounding application (IA/1/2024) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 279 and 304A of IPC. 4. Parties are present before this Court today and duly identified by their respective counsels. Parties have also filed their respective affidavits stating the above fact of compromise between them. 5. Learned State Counsel has formally opposed the compounding application. 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. In view of the above, Compounding Application IA No.1 of 2024 is allowed. As a result, the entire proceedings of Criminal Case No.1513 of 2024 (FIR No.0011/2024), under Sections 279 and 304A of IPC, pending in the court of Judicial Magistrate/1st Addl. Civil Judge, Haldwani District Nainital, are hereby quashed qua the applicants. 8. C528 application stands disposed of in the aforesaid terms. (Alok Mahra, J.) 21.02.2025 BS