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2025 DAILYLAW 14589 (UTT)

PRAVEEN PAL v. STATE OF UTTARAKHAND

C528/798/2025 · 2025-11-27

Ashish Naithani

body2025

Judgment text

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2025:UHC:10554 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. 798 of 2025 Hon’ble Ashish Naithani, J. Mr. B.M. Pingal, learned counsel for the Applicant. 2. Mr. B.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. Mr. Deepak Joshi, learned counsel for 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 – Praveen Pal – against Respondent No. 2, Naveen Sharma, seeking quashing of the charge-sheet dated 13.01.2025, impugned cognizance/summoning order dated 10.03.2025 and the entire proceedings of Criminal Case No. 612 of 2025, “State vs. Praveen Pal and Others”, for the offence punishable under Sections 115(2), 137(2), 351(2), 351(3) of B.N.S, 2023, registered at Police Station Kotwali Haldwani, District Nainital, pending in the Court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital qua the Applicant. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 03 of 2025) has been filed, duly signed by the parties and supported by their respective affidavits, stating that the parties have amicably settled the dispute and that the matter may accordingly be compounded. 6. Today, Applicant is present in person and is duly identified by Mr. B.M. Pingal, Advocate. Respondent No. 2 – Naveen Sharma and the victim are present in person and have been duly identified by Mr. Deepak Joshi, Advocate. 7. The Court interacted with Respondent No. 2 and the victim. During the interaction, they stated that they do not wish to pursue the matter any further and have no objection if the compounding application is allowed. 2025:UHC:10554 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 v. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral v. 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 clear and unequivocal stand taken by Respondent No. 2 and victim, this Court is of the considered view that the ends of justice would be met by quashing the Criminal Case No. 612 of 2025, “State vs. Praveen Pal and Others”, for the offence punishable under Sections 115(2), 137(2), 351(2), 351(3) of B.N.S, 2023, registered at Police Station Kotwali Haldwani, District Nainital, pending in the Court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital qua the Applicant. 12. Accordingly, the Compounding Application (I.A. No. 3 of 2025) is allowed. The entire proceedings of Criminal Case No. 612 of 2025, “State vs. Praveen Pal and Others”, are hereby quashed qua the Applicant. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 27.11.2025 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b 1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18F E29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.27 16:18:06 +05'30' 2025:UHC:10554