Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 13232 (UTT)

SHAHJAN v. STATE OF UTTARAKHAND

C528/910/2024 · 2025-04-08

Vivek Bharti Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2655 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 910 of 2024 08 April, 2025 Shahjan --Petitioner Versus State of Uttarakhand and others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Vikas Kumar Guglani, Advocate for the petitioner. Mr. Deepak Bisht, learned Deputy Advocate General along with Mr. Devender Singh, learned Brief Holder for the State. Mr. B S Koranga, Advocate for respondent no.2 and 3. ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. This criminal misc. application is filed under Section 528 of B.N.S.S. by the petitioner/accused for quashing the entire proceedings, charge-sheet for the offence Under Section 363, 376, 506 of IPC and Section 5/6 of POCSO Act, and cognizance order dated 04.01.2024 passed by learned FTC/Additional District Judge/Special Judge POCSO, Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.4 of 2024, “State Vs. Shahjan” pending in the Court of FTC/Additional District Judge/Special Judge POCSO, Rudrapur, District Udham Singh Nagar arising out of FIR No.530 of 2023, Police Station Kashipur, District Udham Singh Nagar, Uttarakhand qua the petitioner, in view of the compromise arrived at between the 1 2025:UHC:2655 parties. 2. In view of the fact that a Compounding Application was filed by the parties before this Court, this Court vide order dated 06.12.2024 had directed the parties to appear before the Secretary, DLSA, Udham Singh Nagar in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, the Secretary, DLSA, Udham Singh Nagar has submitted his report dated 27.03.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise. 4. In view of the above, Compounding Application (IA No.1 of 2024) is allowed. As a consequence thereof, the entire proceedings, charge- sheet for the offence Under Section 363, 376, 506 of IPC and Section 5/6 of POCSO Act, and cognizance order dated 04.01.2024 passed by learned FTC/Additional District Judge/Special Judge POCSO, Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.4 of 2024, “State Vs. Shahjan” pending in the Court of FTC/Additional District Judge/Special Judge POCSO, Rudrapur, District 2 2025:UHC:2655 Udham Singh Nagar arising out of FIR No.530 of 2023, Police Station Kashipur, District Udham Singh Nagar, Uttarakhand are hereby quashed qua the petitioners. 5. Present petition u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties. (Vivek Bharti Sharma, J.) 08.04.2025 SS 3