2025:UHC:10576 HIGH COURT OF UTTARAKHAND AT NAINITAL Compounding Application (IA No. 2 of 2025) In C528 Application No. 462 of 2024 27th November, 2025 Sukhvinder Singh Turna --Applicant Versus Khajan Chand Kakkar --Respondent ------------------------------------------------------------------- Presence:- Mr. Vipul Sharma, Advocate for the applicant Mr. Jaswant Singh, Advocate for the respondent ------------------------------------------------------------------ By means of this Criminal Miscellaneous Application, filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, applicant has sought quashing of cognizance order dated 24.07.2024 passed by Judicial Magistrate, Sitarganj, District Udham Singh Nagar in Complaint/Criminal Case No. 354 of 2023 and also the entire proceedings of Complaint/Criminal Case No. 354 of 2023, Khajan Chand Kakkar Vs. Dr. Sukhvinder Singh Turna, under Sections 406 & 420 IPC, pending before learned Judicial Magistrate, Sitarganj, District Udham Singh Nagar. 2. A compounding application, jointly signed by counsel for applicant and counsel for the respondent has been filed, duly supported by affidavits of applicant and the respondent. 3. Learned counsel for the applicant submits that the dispute is purely civil in nature and parties have entered into a settlement and pursuant to the settlement, the entire amount which was paid as advance by the complainant/respondent to the 1 2025:UHC:10576 applicant has been returned by the applicant through cheque, which has been duly credited into the account of complainant/respondent. 4. The complainant/respondent Mr. Khazan Singh Kakkar, is personally present in Court today, duly identified by his counsel Mr. Jaswant Singh. He makes a statement that he has received the entire amount which he paid as advance to the applicant. He further submits that since the dispute is now amicably settled between the parties, he do not want to prosecute the case any further. He submitted that because of the settlement, now he do not have any rancour with the applicant and proceedings of Complaint/Criminal Case No. 354 of 2023 be quashed. 5. The applicant Mr. Sukhvinder Singh Turna, is also present in Court today, duly identified by his counsel Mr. Vipul Sharma. He submits that since he has returned the money in terms of the settlement, therefore no purpose would be served by keeping this criminal case pending. 6. Having regard to the nature of offence and also considering the broad guidelines issued by Hon’ble Apex Court in the case of Gian Singh Vs State of Punjab reported in (2012) 10 SCC 303; Narinder Singh & others Vs State of Punjab & another reported in (2014) 6 SCC 466 and State of Madhya Pradesh Vs. Laxmi Narayan reported in (2019) 5 SCC 688, request of the applicant deserves to be acceded to. 7. Since the parties have entered into a 2 2025:UHC:10576 compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount to abuse of process of law. Ends of justice would be met only if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. The only consideration for the compromise reached between the parties seems to be their desire to burry the hatchet for all times to come. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery. 8. In view of above discussion, Criminal Miscellaneous Application is allowed. Entire proceedings of Complaint/Criminal Case No. 354 of 2023, pending in the Court of learned Judicial Magistrate, Sitarganj, District Udham Singh Nagar is hereby quashed along with all proceedings emanating therefrom, subject to deposit of `20,000/- by the applicant in High Court Bar Association Advocates’ Welfare Fund, within two weeks from today. 9. Compounding application is, accordingly, disposed of. (Manoj Kumar Tiwari, J) 27.11.2025 Mahinder/ 3 MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923 c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BA BA43D2B8F, cn=MAHINDER SINGH Date: 2025.11.28 17:35:27 +05'30'