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2025 DAILYLAW 13563 (UTT)

SUKHVIR SINGH ALIAS GORKHA AND ORS v. STATE OF UTTARAKHAND

C528/1022/2024 · 2025-07-03

Ashish Naithani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:5707 (Compounding Appl. No.01 of 2024) (Delay Condonation Appl. No.02 of 2025) In C528 No.1022 of 2024 Hon’ble Ashish Naithani, J. Mr. Naveen Singh Mer and Mr. Alok Kumar, learned counsel for the Applicants. 2. Mr. Vipul Painuly, learned AGA for the State/respondent no.1. 3. Mr. Milind Raj, learned for respondent nos.2, 3, 4 & 5. 4. Present C528 application has been filed by the Applicants alongwith compounding application and the same is supported with the affidavits of Applicants as well as Respondent nos.2, 3, 4 & 5. 5. Applicants as well as respondent nos.2, 3, 4 & 5 are present in the Court. They are duly identified by their respective counsel. 6. This is a cross case arising out of C528 No.1021 of 2024. 7. By means of this C528 application filed by the Applicants under Section 528 of B.N.S.S., Applicants-Sukhvir Singh @ Gorkha, Manmeet Singh, Amit Mahara, Jatinder Singh Gill, Jasvinder Singh, Rajveer Singh, Amritpal Singh, Shakeel Shah, Lovepreet Singh and Akmal have sought quashing of charge sheet dated 09.09.2024, summoning order dated 02.12.2024 and the entire proceedings of Criminal Case No.364 of 2024 (FIR No.28 of 2024) for the offences punishable under Sections 147, 148, 149, 307, 341, 504 & 506 of IPC and under Section 25 (1-B) A of Arms Act, registered at Police Station Kelakhera, District Udham Singh Nagar pending before the court of Additional Civil Judge (Jr. Division)/Judicial Magistrate, Bazpur, District Udham Singh Nagar. 8. An FIR on which the present case had been dealt it specifically mentions that there was a firing which affected a person, who is respondent no.4. 9. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 10. Learned State counsel has opposed the compounding application and submits that offence under Section 147, 148, 149, 307 IPC and Section 25 (1B) of Arms Act are non compoundable offence under Section 320 of Cr.P.C. 11. Heard learned counsel for the parties and perused the material available on record. 12. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, 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 interest to restore peace and harmony between them. 13. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The charge sheet dated 09.09.2024, summoning order dated 02.12.2024 and the entire proceedings of Criminal Case No.364 of 2024 (FIR No.28 of 2024) for the offences punishable under Sections 147, 148, 149, 307, 341, 504 & 506 of IPC and under Section 25 (1-B) A of Arms Act, registered at Police Station Kelakhera, District Udham Singh Nagar pending before the court of Additional Civil Judge (Jr. Division)/Judicial Magistrate, Bazpur, District Udham Singh Nagar are hereby quashed. 14. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 03.07.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.07.07 18:19:27 +05'30'