Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
2025:UHC:10671
IA No.1/ 2025 (Compounding Application) with C528 No.179 of 2025 Hon ’ble Ash ish Nait h an i, J.
Ms. Divya Jain, learned counsel for the Applicant. 2. Mr. Vijay Khanduri, learned Brief Holder, for the State of Uttarakhand. 3. Ms. Shweta Jain, learned counsel for the private Respondent Nos.2 and 3. 4. In the present Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, the Applicant has put a challenge to the FIR No.287 of 2022, dated 13.11.2022, under Sections 307 and 504 of IPC, at Police Station Rajpur, District Dehradu, as well as the charge-sheet no.1, dated 09.01.2023, as well as the entire proceedings pending before the court of learned Additional District and Sessions Judge 1st Dehradun titled as S.T. No.16 of 2023 “State Vs. Himanshu Gaur”, under Sections 307 and 504 of IPC, and under Section 30 of the Arms Act. 5. Parties are present in person before this Court along with their learned counsel, who has been duly identified by the learned counsel. Though objections are raised on behalf of the State Counsel that the matter is of serious nature, and one person has been inflicted of a bullet injury and resulting of the same, he could have died, and thus, present matter should not be compounded as it is non compoundable and serious in nature. 6. After interacting with the parties, especially the injured Shri Ansh Bhatia @ Anushrey Bhatia S/o Sri Gyaneshwar Bhatia, who is being identified by the learned counsel and the Reporter Sri Rohan Singh i.e. Respondent no.2, who is also being identified by the learned counsels, this Court finds the grounds sufficient for allowing the compounding application. 7. Heard learned counsel for the parties and perused the material available on record. 8.
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. 9. In view of the above, the compounding application is allowed. The FIR No.287 of 2022, dated 13.11.2022, under Sections 307 and 504 of IPC, at Police Station Rajpur, District Dehradu, as well as the charge-sheet no.1, dated 09.01.2023, as well as the entire proceedings pending before the learned Additional District and Sessions Judge 1st Dehradun titled as S.T. No.16 of 2023 “State Vs. Himanshu Gaur”, under Sections 307 and 504 of IPC, and under Section 30 of the Arms Act, are hereby quashed. 10. The Criminal Miscellaneous Application, filed under 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of accordingly. ( Ash ish Nait h an i, J.) 0 1 .1 2 .2 0 2 5 Nitesh/