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2025 DAILYLAW 16556 (UTT)

SANDEEP CHAUDHARY v. STATE OF UTTARAKHAND

C528/1934/2025 · 2025-11-19

Ashish Naithani

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:10290 (Compounding Appl. No.01 of 2025) In C528 No.1934 of 2025 Hon’ble Ashish Naithani, J. Mr. Ankurit Raj David, learned counsel for the Petitioners. 2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikas Uniyal, learned Brief Holder for the State. 3. Mr. Manoj Bhatt, learned counsel for Respondent Nos.2 & 3. 4. Present writ petition has been filed by the petitioners under Article 226 of the Constitution of India alongwith compounding application i.e. paper no.45 which is supported with the affidavits of petitioners and respondent nos.2 & 3 . 5. Petitioners well as respondent nos.2 & 3 are present through V.C. 6. By means of this writ petition, petitioners, have sought quashing of the charge sheet dated 05.06.2025, cognizance order dated 12.06.2025 passed by learned Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No.1360 of 2025 as well as the entire proceedings of Session Trial No.12 of 2025, State of Uttarakhand vs. Sandeep Chaudhary and others pending in the court of Learned Additional District and Sessions Judge, Kotdwar, District Pauri Garhwal. 7. As per directions of the Coordinate Bench of this Court, the objections are filed. On 31.10.2025 the Coordinate Bench of this Court had noted the presence of the applicants and respondent nos.2 & 3 and it was observed in the order that they were identified by their respective counsels i.e. Mr. Ankurit Raj David for the applicants and Mr. Arvind Kumar, learned counsel with Mr. Manoj Bhatt, learned counsel for respondent nos.2 & 3. 8. This Court has interacted with learned counsel for the parties through V.C. 9. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 10. Learned State counsel has opposed the compounding application with the contention that in the said incident two country made pistols were recovered from Applicant no.1- Sandeep Chaudhary and Applicant no.4-Arjun Kandwal. It is contended that since the matter is not compoundable, the compounding application should not be entertained. 11. Heard learned counsel for the parties and perused the material available on record. 12. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, 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 interest to restore peace and harmony between them. 13. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The charge sheet dated 05.06.2025, cognizance order dated 12.06.2025 passed by learned Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No.1360 of 2025 as well as the entire proceedings of Session Trial No.12 of 2025, State of Uttarakhand vs. Sandeep Chaudhary and others pending in the court of Learned Additional District and Sessions Judge, Kotdwar, District Pauri Garhwal are hereby quashed. 14. Accordingly instant C528 application stands disposed of. (Ashish Naithani, J.) 19.11.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.11.21 11:03:36 +05'30'