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2025 DAILYLAW 1736 (UTT)

PANKAJ JOSHI v. STATE OF UTTARAKHAND

C528/82/2025 · 2025-07-22

Ashish Naithani

body2025

Judgment text

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2025:UHC:6452 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS (Compounding Appl. No.01 of 2025) In C528 No.82 of 2025 Hon’ble Ashish Naithani, J. Mr. Mukesh Singh Rawat, learned counsel for the Applicant. 2. Mr. N.S. Kanyal, learned AGA for the State. 3. Mr. Anand Singh, learned counsel for respondent no.3. 4. Present application has been filed by the Applicant under Section 528 of B.N.S.S., 2023 alongwith compounding application and the same is supported with the affidavits of applicant and respondent no.3. 5. Applicant as well as respondent no.2 are present in the Court. They are duly identified by their respective counsel. 6. By means of this C528 application, applicant has sought quashing of the charge sheet dated 18 of 2023 dated 26.11.2023, cognizance order dated 16.01.2024 as well as the entire proceedings of Criminal Case No.01 of 2024 State vs. Pankaj Joshi for the offence punishable under Sections 307, 354 IPC and Section 4/25 of Arms Act, P.S. Betalghat, District Nainital pending in the court of learned District and Sessions Judge, District Nainital. 7. 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. 8. Learned State counsel has vehemently opposed the compounding application and submits that some of the offences are not compoundable. 9. Heard learned counsel for the parties and perused the material available on record. 2025:UHC:6452 10. 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. 11. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.01 of 2024 State vs. Pankaj Joshi for the offence punishable under Sections 307, 354 IPC and Section 4/25 of Arms Act pending in the court of learned District and Sessions Judge, District Nainital are hereby quashed. 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 22.07.2025 Arti 2025:UHC:6452