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2025 DAILYLAW 12633 (UTT)

GOPAL DUTT PANDEY v. STATE OF UTTARAKHAND

C482/1965/2021 · 2025-03-27

Ashish Naithani

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 2025:UHC:2270 IA No.01 of 2021 (Compounding Application) In C482 No.1965 of 2021 Hon’ble Ashish Naithani, J. Mr. Ravi Bisht, learned counsel for the applicant. 2. Mr. Vipin Painuly, learned Brief Holder, for the State of Uttarakhand. 3. Mr. Avidit Noliyal, learned counsel for the complainant/2. 4. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 26.01.2020 and summoning order dated 13.02.2020, and the entire proceedings of Criminal Case No.238 of 2020, “State Vs. Ravindra @ Billu” pending in the court of learned Judicial Magistrate, Bazpur, District Udham Singh Nagar. 5. Along with C482 application, a compounding application (IA No.01/2021) has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and respondent no.2- complainant. 6. Applicant along with respondent no.2, are present before this Court, who has been duly identified by their respective counsels. 7. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them. 8. Heard learned counsel for the parties and perused the material available on record. 9. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 10. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.238 of 2020, “State Vs. Ravindra @ Billu” pending in the court of learned Judicial Magistrate, Bazpur, District Udham Singh Nagar, are hereby quashed, qua the present applicant only. 11. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly. (Ashish Naithani, J) 27.03.2025 NR/