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2025 DAILYLAW 14857 (UTT)

VIKRAM SINGH BISHT AND ORS v. STATE OF UTTARAKHAND

C528/1977/2025 · 2025-11-21

Ashish Naithani

body2025

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:10387 IA No.02 of 2025 (Compounding Application) With C528 No.1977 of 2025 With IA No.02 of 2025 (Compounding Application) With C528 No.1974 of 2025 Hon’ble Ashish Naithani, J. Mr. Shivam Singh Pargai, learned counsel for the Applicants in C528 No.1977 of 2025. 2. Mr. Vijay Khanduri, learned Brief Holder, for the State of Uttarakhand. 3. Ms. Amreen Bano, learned counsel for the Respondent No.2 in C528 No.1977 of 2025. 4. C528 No.1977 of 2025 is filed challenging the FIR No.04 of 2024 dated 02.01.2024, P.S. Bhowali, District Nainital, chargesheet dated 11.05.2024, as well as the summoning order dated 22.05.2025 under Sections 323, 324, 504 and 506 of IPC passed by the court of learned District and Session Judge, Nainital in CNR No.UKNA010004982025 (CC No.05 of 2025) “State vs. Vikram Singh and others”. 5. C528 No.1974 of 2025 is filed challenging the FIR No.03/2024, dated 02.01.2024, Police Station Bhowali, District Nainital, chargesheet dated 18.03.2024 as well as the summoning order dated 30.07.2024, under Sections 307, 323, 326, 504 and 506 of IPC, passed by the court of learned District and Sessions Judge, Nainital in CNR No.UKNA010007842024 (CC No.11 of 2025) Criminal Case No.3/2024 “State Vs. Kartik Nauriyal @ Kartikey and others”. 6. As per the order of this Court dated 20.11.2025, Applicant No.3 – Kartik Nauriyal @ Kartikey, was called in through the Jailor, District Jail, Nainital, who is detained in the present matter; Applicant No.3 is present through VC facilitated by the Jailor, District Jail, Nainital. On interacting with the Applicant No.3 regarding the alleged offence as mentioned in the FIR whereby it is reported that he inflicted a knife injury upon the injured, to which the Applicant No.3 states that he did not commit the said act. 7. Applicant No.3, is being identified by the learned counsel Ms. Amreen Bano. Yesterday i.e. on 20.11.2025, he was represented by his father Sri Rajendra Singh Nauriyal. 8. Learned State Counsel has vehemently opposed the compounding applications. 9. Along with C528 application of BNS, 2023, there is a compounding application with a prayer that the parties have settled the matter on the basis of the compromise and the matter may be decided accordingly. 10. Heard learned counsel for the parties and perused the material available on record. 11. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, 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 interested to restore peace and harmony between them. 12. In view of the above, the compounding applications are allowed. The entire proceedings of FIR No.04 of 2024 dated 02.01.2024, P.S. Bhowali, District Nainital, chargesheet dated 11.05.2024, as well as the summoning order dated 22.05.2025 under Sections 323, 324, 504 and 506 of IPC passed by the court of learned District and Session Judge, Nainital in CNR No.UKNA010004982025 (CC No.5 of 2025) “State vs. Vikram Singh and others” as well as the FIR No.03/2024, dated 02.01.2024, Police Station Bhowali, District Nainital, chargesheet dated 18.03.2024 as well as the summoning order dated 30.07.2024, under Sections 307, 323, 326, 504 and 506 of IPC, passed by the court of learned District and Sessions Judge, Nainital in CNR No.UKNA010007842024 (CC No.11 of 2025) Criminal Case No.3/2024 “State Vs. Kartik Nauriyal @ Kartikey and others”, are hereby quashed. 14. The Criminal Miscellaneous Applications, filed under 528 of the BNS, 2023 are disposed of accordingly. (Ashish Naithani, J.) 21.11.2025 Nitesh/