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2025 DAILYLAW 14299 (UTT)

HARISH CHANDRA PAL v. STATE OF UTTARAKHAND

C528/1760/2025 · 2025-11-20

Ashish Naithani

body2025

Judgment text

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2025:UHC:10340 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-528 No. 1760 of 2025 Hon’ble Ashish Naithani, J. Mr. Manoj Bhatt, learned counsel for the Applicant. 2. Mr. S.S. Chauhan, learned Deputy Advocate General along with Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. 3. Mr. Mani Kumar, learned counsel for the Respondent No. 2. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant – Harish Chandra Pal, against Respondent No. 2 – Gurveer Singh, seeking quashing of the charge-sheet dated 01.09.2019, the summoning order dated 05.09.2019, as well as the entire proceedings of Criminal Case No. 5873 of 2019, “State of Uttarakhand vs. Harish Chandra Pal and Others,” for the offences punishable under Sections 120B, 419, 420, 467, 468, and 471 of the IPC, pending before the Court of learned Additional Chief Judicial Magistrate/Fifth Additional Civil Judge (S.D.), Rudrapur, District Udham Singh Nagar. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits, wherein it is stated that the parties have amicably settled the dispute and that the matter may accordingly be compounded. 6. Today, the Applicant appeared before the Court through video conferencing and is duly identified by Mr. Manoj Bhatt, Advocate. Respondent No. 2 – Gurveer 2025:UHC:10340 Singh also appeared through video conferencing and is duly identified by Mr. Mani Kumar, Advocate. 7. The Court interacted with Respondent No. 2. During the interaction, he stated that the bank has issued an NOC in the present matter, and he does not wish to pursue the case any further. He has no objection if the compounding application is allowed. 8. Heard learned counsel for the parties and perused the record. 9. In light of the legal principles laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court is mindful that criminal proceedings may be quashed where the parties have amicably resolved their dispute, particularly when such settlement promotes peace and fosters harmony. 10 Per contra, learned State Counsel has raised a preliminary objection, contending that some of the offences involved are non-compoundable. 11. However, considering the overall facts and circumstances of the case, the voluntary compromise between the parties, and the unequivocal stance taken by Respondent No. 2, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 5873 of 2019, “State of Uttarakhand vs. Harish Chandra Pal and Others,” pending before the Court of learned Additional Chief Judicial Magistrate/Fifth Additional Civil Judge (S.D.), Rudrapur, District Udham Singh Nagar. 12. Accordingly, the Compounding Application (I.A. No. 1 of 2025) is allowed. The entire proceedings of Criminal Case No. 5873 of 2019, “State of Uttarakhand 2025:UHC:10340 vs. Harish Chandra Pal and Others,” for the offences punishable under Sections 120B, 419, 420, 467, 468, and 471 of the IPC, pending before the Court of learned Additional Chief Judicial Magistrate/Fifth Additional Civil Judge (S.D.), Rudrapur, District Udham Singh Nagar, are hereby quashed. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 20.11.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.20 17:03:36 +05'30' 2025:UHC:10340