VISHWAMBHER TRIPATI AND ANR v. STATE OF UTTARAKHAND
C528/628/2025 · 2025-12-13
Daily Lok Adalat
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17333 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17333 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-528 No.628 of 2025 Hon’ble Alok Mahra, J.
Mr. Mohit Kumar Kashyap, Advocate for the applicant. Mr. Vikash Uniyal, learned Brief Holder for the respondent. Mr. Anuj Singh Kunjwal, learned counsel for respondent no.2. The case is taken up today before the National Lok Adalat. The present petition has been filed seeking quashing of the charge-sheet dated 17.12.2023, the summoning order dated 03.02.2024, as well as the entire proceedings of Criminal Case No. 153 of 2024, State vs. Vishwambher Tripathi and another, pending before the Judicial Magistrate/Civil Judge, Kichha, District Udham Singh Nagar, qua the petitioners, in view of the compromise/settlement arrived at between the parties. It is pertinent to note that a Compounding Application was filed by the parties before this Coordinate Bench. Accordingly, this Court, vide
order dated 13.05.2025, directed the parties to appear before the Secretary, District Legal Services Authority, Udham Singh Nagar, for recording of their statements and verification of the compromise deed. Pursuant thereto, the Secretary, District Legal Services Authority, Udham Singh Nagar, has submitted a report dated 09.06.2025, indicating that the parties have amicably settled the dispute and have duly verified the contents of
the compromise. Before the Lok Adalat, the parties are present before the Court and have reiterated that they have amicably resolved the dispute. It is submitted that respondent no. 2, namely Preeti Tripathi, does not wish to press Criminal Case No. 153 of 2024, State vs. Vishwambher Tripathi and another, pending before the Judicial Magistrate/Civil Judge, Kichha, District Udham Singh Nagar. However, the Hon’ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non- compoundable offences with the permission of Court, especially in matrimonial disputes. In view of the aforesaid facts and
submissions, Compounding Application (I.A. No. 1 of 2024) is allowed. Consequently, the charge- sheet dated 17.12.2023, the summoning order dated 03.02.2024, and the entire proceedings of Criminal Case No. 153 of 2024, State vs. Vishwambher Tripathi and another, pending before the Judicial Magistrate/Civil Judge, Kichha, District Udham Singh Nagar, are hereby quashed qua the applicants. Accordingly, the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita is disposed of in terms of the compromise arrived at between the parties. Pending applications, if any, also stand disposed of. The terms of the compromise have been recorded in a separate compromise sheet, which shall form part of this order.
(Alok Mahra, J.) 13.12.2025 BS