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
`
C-528 No. 831 of 2024 Hon’ble Alok Mahra, J.
Heard Ms. Prabha Naithani, learned counsel for the applicants, Mr. Deepak Bisht, learned Deputy Advocate General for the State and Mr. Vishal Vikram Singh, learned counsel holding brief of Mr. Gaurav Pawar,
learned counsel for respondent no. 2.
2. Present C-528 application is filed with the prayer to quash the charge-sheet dated 18.08.2020 as well as summoning order dated 24.09.2020 and the entire proceedings of Criminal Case No. 154 of 2020, State Vs. Rajkumar and Others, under Sections 420, 467, 468, 471 and 120-B of IPC, pending in the court of learned Judicial Magistrate, Civil Judge (Jr. Div.), Gangolihat, District Pithoragarh on the basis of compromise between the parties.
3. Compounding application (IA/1/2024) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 420, 467, 468, 471 and 120-B of IPC.
4.
Learned counsel for the applicants submits that both the applicants are in jail. The veracity of the affidavit filed in support of the compounding application has been verified by the Lock-Up Incharge, Pithoragarh. Complainant-Mohan Singh is present through video-conferencing and duly identified by his respective counsel.
5. Learned State Counsel has formerly
objected to the compounding application.
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. 154 of 2020, State Vs. Rajkumar and Others, under Sections 420, 467, 468, 471 and 120-B of IPC, pending in the court of learned Judicial Magistrate, Civil Judge (Jr. Div.), Gangolihat, District Pithoragarh, are hereby quashed qua the applicants. FIR and charge-sheet filed pursuant thereto stand quashed.
8. C-528 application stands disposed of in the aforesaid terms.
(Alok Mahra J.)
25.02.2025 Ujjwal