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2025 DAILYLAW 12823 (UTT)

ANKUSH GHILDIYAL AND ORS v. STATE OF UTTARAKHAND

C528/775/2024 · 2025-06-17

Ashish Naithani

body2025

Judgment text

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2024:UHC:10295 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 775 of 2024 Hon’ble Ashish Naithani, J. Mr. Sachin Panwar, learned counsel for the Applicants. 2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand. 3. Mr. M.S. Bisht, learned counsel for the Respondent Nos. 2 to 5. 4. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the charge-sheet dated 14.11.2023, summoning order dated 26.04.2024 and the entire proceedings of Criminal Case No. 1933 of 2024 (Case Crime No. 193 of 2023), “State vs. Ankush Ghildiyal”, for the offence punishable under Sections 323, 324, 504 IPC and under Section 25/4 of the Arms Act, 1959, registered at Police Station Kotdwar, District Pauri Garhwal, pending in the Court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. 5. Along with C-528 Application, a Compounding Application (IA No. 1 of 2024) has been signed by the parties and has been filed, which is duly supported by separate affidavits of the Applicants and the Respondent Nos. 2 to 5. Applicants and Respondent Nos. 2 to 5 are present before this Court and are duly identified by their respective counsels. 6. 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. 7. Heard learned counsel for the parties and perused the material available on record. 8. 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. 2024:UHC:10295 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. 9. Per contra, learned State Counsel has formally objected to the offences made out in the present case. 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. 1933 of 2024 (Case Crime No. 193 of 2023), “State vs. Ankush Ghildiyal”, for the offence punishable under Sections 323, 324, 504 IPC and under Section 25/4 of the Arms Act, 1959, pending in the Court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, are hereby quashed. 11. In view of the above, the Compounding Application is allowed. The entire proceedings of Criminal Case No. 1933 of 2024 (Case Crime No. 193 of 2023), “State vs. Ankush Ghildiyal”, for the offence punishable under Sections 323, 324, 504 IPC and under Section 25/4 of the Arms Act, 1959, pending in the Court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, are hereby quashed. 12. The Criminal Miscellaneous Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is disposed of accordingly. (Ashish Naithani, J.) 17.06.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12 f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED0 0E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.06.18 15:41:40 +05'30'