Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1627 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.717 of 2024 Hon’ble Alok Mahra, J.
Mr. Vikas Singh Yadav, Advocate for the applicant.
Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand/ respondent no.1.
Mr. Karan Singh Dugtal, Advocate for respondent no.2.
2. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 03.09.2022 as well as cognizance/summoning
order dated 28.11.2022 and the entire proceedings of Criminal Case No. 5420 of 2022, pending in the Court of learned Additional Chief Judicial Magistrate, Kashipur, 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/ 2024) 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 applicant in the aforesaid case. It is reported that applicant is in jail.
4. Respondent no.2 is present before this Court and is duly identified by his counsel. It is submitted by her that she has settled the scores.
2025:UHC:1627
5. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable.
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. Following the aforesaid ratio, present compounding application (IA/1/2024) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 5420 of 2022, pending in the Court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, are hereby quashed qua the applicant. Liberty is granted to the applicant, who is in jail, to approach the Magistrate concerned for obtaining the
order for his release.
8. C-528 application stands disposed of.
(Alok Mahra, J.)
10.03.2025 Arpan