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2025 DAILYLAW 13587 (UTT)

RAJAT BHANDARI AND ORS v. STATE OF UTTARAKHAND

C528/1021/2024 · 2025-07-03

Ashish Naithani

body2025

Judgment text

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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:5706 (Compounding Appl. No.01 of 2024) (Delay Condonation Appl. No.02 of 2025) In C528 No.1021 of 2024 Hon’ble Ashish Naithani, J. Mr. Milind Raj, learned counsel for the Applicants. 2. Mr. Vipul Painuly, learned AGA for the State/respondent no.1. 3. Mr. Naveen Singh Mer and Mr. Alok Kumar, learned counsel for respondent nos.2 & 3. 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. 5. Applicants (except Applicant no.16 on whose behalf his father Kuljeet Singh Shoker) as well as respondent nos.2 & 3 are present in the Court. They are duly identified by their respective counsel. 6. By means of this C528 application filed by the Applicants under Section 528 of B.N.S.S., Applicants-Rajat Bhandari, Gurpej Singh @ Peja, Gurvinder Singh Bhatti @ Ginder, Navdeep Singh, Amar Randhawa, Pradeep Kumar Yadav, Raspal Singh, Ranjeet Singh Shergill, Sushill Tiwari, Faiz, Prashant Bhatt, Sarabjot Singh, Arpan Singh, Kuldeep Singh, Kulvinder Singh and Nav Vansh have sought quashing of charge sheet dated 02.09.2024, summoning order dated 02.12.2024 and the entire proceedings of Criminal Case No.365 of 2024 (FIR No.29 of 2024) State vs. Gurpej @ Peja & others for the offence punishable under Sections 147, 148, 149, 307, 341, 342, 427, 504, 506 & 34 of IPC and under Section 25 (1-B) A & 25 (1-B) B 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. 7. An FIR on which the present case had been dealt it specifically mentions that there was a firing which affected a person, named Amrit Pal Singh, son of Kuldeep Singh, who happens to be respondent no.3 in the present matter. 8. This Court has interacted with Mr. Amrit Pal Singh son of Shri Kuldeep Singh and asked that what had actually happened; who fired shot and how he got injured. To the query of this Court, it could not be found that who shot him. On specifically asking him whether he is under pressure or does he wants to save somebody; he replies that he did not say so. 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. 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 02.09.2024, summoning order dated 02.12.2024 and the entire proceedings of Criminal Case No.365 of 2024 (FIR No.29 of 2024) State vs. Gurpej @ Peja & others for the offence punishable under Sections 147, 148, 149, 307, 341, 342, 427, 504, 506 & 34 of IPC and under Section 25 (1-B) A & 25 (1-B) B 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 18:19:00 +05'30'