LAURENCE MAISON ALIAS AJAY KUMAR v. STATE OF UTTARAKHAND
C482/2083/2023 · 2025-08-27
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12668 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12668 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7618 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
IA No.01 of 2023 (Compounding Application) In C-482 No. 2083 of 2023
Hon’ble Ashish Naithani, J.
Mr. Ankur Sharma, learned counsel for the Applicant through V.C.
2. Mr. B. C. Joshi, learned A.G.A. assisted by Mr. Vijay Bhandari, learned Brief Holder for the State. 3. Mr. Manvendra Singh, learned counsel for respondent no.2/complainant. 4. The present criminal misc. application under Section 482 of Cr.P.C., is filed on behalf of the Applicant, Laurence Maison @ Ajay Kumar S/o Wilson Maison against the Respondent in particular Respondent no.2, Ravindra Singh S/o Malik Singh, who is the complainant; the present application comes with the prayer that the charge-sheet dated 30.06.2009 filed in Case Crime No.3401 of 2013 as well as entire proceedings of Criminal Case No.3401 of 2013, titled as “State vs. Lawrence @ Ajay Kumar and Another”, under Sections 363, 366, 420, 467, 468, 471 & 120-B of IPC at Police Station Dalanwala, District Dehradun, pending in the court of learned Additional Chief Judicial Magistrate III, Dehradun, District Dehradun and the process of bailable warrant issued against the applicant be quashed. 5. Compounding Application (IA No.01 of 2023)
2025:UHC:7618 (page no. 43) is annexed with the signatures of the parties with the present application that is supported with the affidavit of the parties and the said application is being endorsed by the learned counsel for the Applicant and Respondent no.2/complainant, Mr. Ankur Sharma, Advocate and Mr. Manvendra Singh, Advocate respectively. 6. The Applicant, Laurence Maison @ Ajay Kumar and Respondent no.2/complainant, Ravindra Singh are present before this Court through V.C., who are identified by their respective counsel. 7. After interacting with the parties, especially with respondent no.2/complainant, Ravindra Singh, he makes a statement that since the victim (daughter of the complainant) is happily married and involving her in the present matter by way of her presence in person or through V.C. may affect her married life; she/victim is not being made a party in this regard. He further makes a submission that now as his daughter is happily married, he does not want to pursue the matter any further as it may adversely affect the married life of his daughter, therefore, the proceedings and other consequential order arising out of the F.I.R. in question may be quashed. 8.
The said compounding application is strongly opposed by the learned State counsel on the ground that some of the offences are non-compoundable; it is stated in the F.I.R that the complainant lodged a report against the Applicant that his minor daughter was abducted by the Applicant and the matter is serious. 2025:UHC:7618
He further objects that in the present matter, the victim, who as per the F.I.R. is a daughter of the respondent no.2/complainant, Ravindra Singh and who is said to have been a minor and abducted by the Applicant from the legal guardianship of her parents, has not been made a party. 9. As per the submissions made by respondent no.2/complainant, this Court is of the view that the grounds are found to be sufficient for allowing the compounding application and the presence of the victim is felt not necessary as it may adversely affect the life of the victim. 10. 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 with the facts and circumstances of the case. 11. 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 against the Applicant are hereby quashed. 12. In view of the above, the compounding application is allowed.
The charge-sheet dated 30.06.2009 filed in Case Crime No.3401 of 2013 as well as entire proceedings of Criminal Case No.3401 of 2013, titled as “State vs. Lawrence @
2025:UHC:7618 Ajay Kumar and Another”, under Sections 363, 366, 420, 467, 468, 471 & 120-B of IPC at Police Station Dalanwala, District Dehradun, pending in the court of learned Additional Chief Judicial Magistrate III, Dehradun, District Dehradun and the process of bailable warrant issued against the applicant, are hereby quashed. 13. The present Criminal Misc. Application u/s 482 of Cr.P.C. is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.)
27.08.2025 Akash