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
C528 No.63 of 2025 Hon’ble Alok Mahra, J.
Mr. Mani Kumar, Advocate for the applicants. Mr. Deepak Bisht, Deputy Advocate General and Mr. Rakesh Negi, Brief Holder for the State of Uttarakhand. Mr. Manoj Bhatt, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 12.08.2019 as well as summoning order dated 20.11.2019 and the entire proceedings of Criminal Case No. 1184 of 2019, pending in the Court of learned Judicial Magistrate, Bajpur, District Udham Singh Nagar, 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 applicants in the aforesaid case. Learned counsel for the applicants submits that he is not pressing the compounding application so far it relates to applicant nos.2 & 5. 4. Applicant nos.1, 3 & 4 and respondent no.2 are present before this Court and are duly identified by their counsel. It is
submitted by the respondent no.2 that he has settled the scores. 5. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 6. In the objection filed by Investigating Officer, the doctor, who examined the victim, has opined that the injuries are simple in nature and there is no injury on the vital parts. 7. 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. 8. Following the aforesaid ratio, present compounding application (IA/1/2025) is allowed. The offences between the parties are permitted to be compounded.
As a result, entire proceedings of Criminal Case No. 1184 of 2019, pending in the Court of learned Judicial Magistrate, Bajpur, District Udham Singh Nagar, are hereby quashed, qua applicant nos.1, 3 & 4. 9. C-528 application stands disposed of. (Alok Mahra, J.)
12.03.2025 Arpan