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2025 DAILYLAW 13396 (UTT)

SUDHIR KUMAR v. STATE OF UTTARAKHAND

C528/933/2024 · 2025-06-04

Vivek Bharti Sharma

body2025

Judgment text

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2025:UHC:4544 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 04.06.2025 C-528 No. 933 of 2024 Hon’ble Vivek Bharti Sharma, J. Mr. Mohit Kumar, learned counsel for the petitioner. 2. Mr. Akshay Latwal, learned A.G.A for the State. 3. Mr. Mehboob Rahi, proxy counsel for Ms. Shobha Mehra, learned counsel for the respondent no.2. 4. Learned counsel for the petitioner/accused would submit that the matter has been compromised between the parties, hence, the proceedings of Criminal Case No.345 of 2022 (F.I.R. No.339 of 2021) ‘State vs. Sudhir’ for the offences punishable under Section 153-A of IPC, P.S. Kichha, District Udham Singh Nagar pending in the court of Additional Chief Judicial Magistrate/3rd Additional Civil Judge (Sr. Division), Rudrapur, District Udham Singh Nagar be quashed. 5. Learned State counsel opposed the above submission made by the learned counsel for the petitioner/accused on the ground of compounding and would submit that this offence is against the society and it is such a potent offence; that, it not only hurts the sentiments of the complainant but hurts the sentiments of all the persons who have faith in the religious ethos, traditions and philosophy which has been denigrated by the petitioner/accused. He would reply upon a judgment of Hon’ble Supreme Court in the case of ‘State of Madhya Pradesh vs. Laxmi Narayan & Others, (2019) 5 SCC 688 in which the Hon’ble Supreme Court observed that the quashing would depend upon the facts and circumstances of each case and Court has to apply its mind as to whether the 2025:UHC:4544 said crime is against an individual alone or is against the society and the Court has also to look into the seriousness, nature and category/kind of crime/offence that has been committed by the accused, alongwith other considerations. 6. In view of the same, the present petition should be dismissed without considering the compounding application. 7. At this stage, learned counsel for the petitioner/accused seeks permission to withdraw the present petition. 8. Not objected to by the learned counsel for the respondents. 9. Accordingly, the present petition is dismissed as withdrawn. 10. Copy of this order be sent to the trial court concerned for information. (Vivek Bharti Sharma, J.) 04.06.2025 Akash 2025:UHC:4544