Extracted from the PDF above. The PDF is authoritative.
2025:UHC:354 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 1004 of 2024 09 January, 2025
Gaurav Kanojia
--Applicant Versus
State Of Uttarakhand & another --Respondents
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Presence:- Mr. Naman Kamboj, learned counsel for the applicant (appeared through V.C.). Mr. Vipul Painuly, learned Brief Holder for the State. Mr. Ramandeep Singh, learned counsel for respondent no.2 (appeared through V.C.). ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J.
By means of the present C528 application, applicant has sought the indulgence of this Court for quashing the entire criminal proceedings of Trial No.4336 of 2023, State vs. Gaurav Kanojia, under Sections 323, 506 & 392 IPC, pending in the court of learned CJM, Dehradun on the basis of the compromise entered into between the parties.
2.
Along with present C528 application, a joint compounding application (IA No.1/2024) has been filed by the parties. In the compounding application, it is stated that the parties have settled the dispute amicably, parties are ready to compound the aforesaid case and the entire proceedings arises there-from. It is further stated in the compounding application that respondent no.2- victim does not want to prosecute the applicant in the aforesaid case. 1
2025:UHC:354
3.
Applicant-Gaurav Kanojia (appeared through V.C.) and respondent no.2/informant-Ram Prasad (appeared through V.C.) are present before this Court, duly identified by their respective counsel.
4.
Having heard learned counsel for the parties and going through the affidavits filed in support of the joint compounding application, it transpires that the since the parties have settled their dispute amicably, therefore, there will be no useful purpose for keeping this criminal case pending and it will be a futile exercise to ask the applicant to appear before the court below as accused to face the trial.
5.
In this view of the matter, Compounding Application is allowed. Consequently, the cognizance
order dated 06.07.2023 as well as the entire proceedings of Trial No.4336 of 2023, State vs. Gaurav Kanojia, under Sections 323, 506 & 392 IPC, pending in the court of learned CJM, Dehradun are hereby quashed. Resultantly, FIR No.146 of 2022 dated 04.06.2022 registered at Police Station Kotwali Dalanwala, District Dehradun pursuant to which Charge Sheet dated 12.09.2022 was filed and the said charge-sheet shall stand quashed.
6.
C528 application stands
disposed of accordingly
7.
Pending application, if any, also stands
disposed of.
(Pankaj Purohit, J.)
09.01.2025 AK
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