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2025 DAILYLAW 13568 (UTT)

RAJESH JOSHI v. STATE OF UTTARAKHAND

C528/1028/2024 · 2025-01-07

Pankaj Purohit

body2025

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 JUDGES’S ORDERS 2025:UHC:177 C528 No.1028 of 2024 Hon'ble Pankaj Purohit, J. Mr. Pradeep Chamyal, learned counsel, for the applicant. 2. Mr. B.C. Joshi, learned AGA, with Mrs. Sweta Badola Dobhal, learned Brief Holder, for the State. 3. Mr. Piyush Singh, learned counsel, for the respondent no.2/informant. 4. By means of the present C528 Application, the applicant has put a challenge to the Charge-sheet No.168/2022, dated 17.05.2022, as well as the summoning/cognizance order dated 08.07.2022, qua the applicant, passed by learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, in Criminal Case No.2690 of 2022, “State Vs. Devki Bametha and another”, under Section 420 and 120B of IPC, along with the entire proceedings of the aforesaid criminal case, on the basis of the compromise entered into between the present applicant and the respondent no.2 – informant. 5. Along with present C528 Application, a joint compounding application (IA No.1/2024) has been moved by the applicant and the respondent no.2/informant, stating, therein, that the dispute between the applicant and the respondent no.2, has since been settled, and the money which was taken by the co-accused/Smt.Devki Bametha, from the respondent no.2, has already been returned to the respondent no.2, the role which has been assigned to the present applicant is only of mediator, who just acquainted the respondent no.2 with the co- accused/Smt. Devki Bametha. 6. In the compounding application, it has also been pleaded that the respondent no.2, does not want to pursue with the present criminal prosecution against the applicant, and she is doing so with her own free will and without any pressure. 7. The applicant and respondent no.2, are present in person before this Court, who are duly identified by their respective counsels. 8. On interaction, they admitted the fact of settlement between them qua the applicant – Sri Rajesh Joshi, and it has also been admitted that respondent no.2, has received the entire money back, and she does not want to pursue with the prosecution against the applicant – Sri Rajesh Joshi. 9. Per contra learned counsel for the State has made a submission that if the prosecution is brought to an end by way of the present settlement, the entire case of the prosecution will be crumbled down. He further submits that the offence under Section 120B of IPC, is non compoundable. 10. Heard the learned counsels for the parties, and having gone through the pleadings, especially the compounding application, and the role which has been assigned to the present applicant Sri Rajesh Joshi, in the criminal case, this Court is of the view that compounding application deserves to be allowed, and the prosecution be brought to an end qua the applicant - Sri Rajesh Joshi, and there is no fruitful purpose will be solved to ask the applicant to face the trial before the learned trial court in the event of the compounding having been made between the parties, and it would amount to futile exercise, which would result into acquittal of the applicant – Sri Rajesh Joshi. 11. Accordingly, the compounding application is hereby allowed. Consequently, all the proceedings of Criminal Case No.2690 of 2022, “State Vs. Devki Bametha and another”, pending in the Court of learned learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, arising out of F.I.R. No.481 of 2021, Police Station Haldwani, District Nainital, are hereby quashed. FIR and Chargesheet of the Criminal Case No.2690 of 2022 shall also stand quashed. (Pankaj Purohit, J.) 07.01.2025 NR/