Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2896 1
HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 590 of 2024 22 April, 2025
Balwant Kumar Alias Mahi
--Petitioner
Versus
State of Uttarakhand & Anr.
--Respondents
---------------------------------------------------------------------- Presence:- Ms. Nipushmola Joshi with Ms. Chetna Latwal, learned counsel for the petitioner. Mr. Akshay Latwal, learned A.G.A. for the State. Mr. Rajat Kholia, learned counsel for the respondent no.2 ----------------------------------------------------------------------
Hon'ble Vivek Bharti Sharma, J.
This criminal misc. application is filed under Section 528 of B.N.S.S. by the petitioner/accused for quashing of the summoning order dated 10.03.2023, charge-sheet dated 03.03.2023 as well as the entire proceedings of Criminal Case No.18 of 2023 (F.I.R. No.18 of 2023), titled as “State vs. Balwant Kumar @ Vijay” pending in the court of learned Special Judge (POCSO)/F.T.C./Additional District & Sessions Judge, Haldwani, District Nainital under Sections 363, 376(2)(n) of IPC and 5(j)(ii)(l)/6 of POCSO Act, P.S. Haldwani, District Nainital qua the
2025:UHC:2896 2 petitioner/accused, in view of the compromise arrived at between the parties.
2.
In view of the fact that a Compounding Application (IA No. 01 of 2024) was filed by the parties before this Court, this Court vide order dated 02.04.2025 had directed the parties to appear before the Secretary, District Legal Services Authority, District Nainital in order to get their statements recorded and to verify the compromise deed.
3.
Pursuant to such order, the Secretary, District Legal Services Authority, District Nainital has submitted the report dated 04.04.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise.
4.
In view of the above, Compounding Application (IA No.1 of 2024) is allowed. As a consequence thereof, the summoning order dated 10.03.2023, charge-sheet dated 03.03.2023 as well as the entire proceedings of Criminal Case No.18 of 2023 (F.I.R. No.18 of 2023), titled as “State vs. Balwant Kumar @ Vijay” pending in the court of
2025:UHC:2896 3 learned Special Judge (POCSO)/F.T.C./Additional District & Sessions Judge, Haldwani, District Nainital under Sections 363, 376(2)(n) of IPC and 5(j)(ii)(l)/6 of POCSO Act, P.S. Haldwani, District Nainital is hereby quashed qua the petitioner.
5.
Present petition u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties.
(Vivek Bharti Sharma, J.)
22.04.2025 Akash