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2025 DAILYLAW 16724 (UTT)

MUKESH KUMAR ALIAS MUKUL GUPTA v. STATE OF UTTARAKHAND

C528/1973/2025 · 2025-11-07

Alok Mahra

body2025

Judgment text

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2025:UHC:9820 SL. No. Dat e Office Not es, r epor t s, or der s 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 C-528 No. 1973 of 2025 Hon ’ble Alok Mah r a, J. Mr. Gulshan Pandey, Advocate for the applicant. Ms. Sweta Badola Dobhal, Brief Holder for the State of Uttarakhand. Mr. Rajat Pandey, Advocate for respondent no.3. 2. Present C-528 application is filed with the prayer to set-aside/ quash the charge- sheet dated 23.05.2021 as well as summoning order dated 09.08.2021 and the entire proceedings of Criminal Case No. 1404 of 2022, pending in the Court of learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar on the basis of compromise between the parties. 3. Compounding application (IA/ 1/ 2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 295 I.P.C. 4. Parties are present before this Court through virtual mode and are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them. 5. It is jointly submitted by the parties that they have settled their scores. 6. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings 2025:UHC:9820 as continuation of the same would cause great prejudice and injustice to the accused. 7. Following the aforesaid ratio, present compounding application (IA/ 1/ 2025) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 1404 of 2022, pending in the Court of learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. 8. C-528 application stands disposed of. ( Alok Mah r a J.) 07.11.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.11.07 13:37:10 +05'30'