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2025 DAILYLAW 1802 (UTT)

JITENDRA AND ORS v. STATE OF UTTARAKHAND

C528/90/2025 · 2025-02-20

Alok Mahra

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 20.02.2025 C528 No.90 of 2025 Hon’ble Alok Mahra, J. Heard Mr. Gulshan Pandey, learned counsel for the applicants, Mr. Deepak Bisht, learned DAG along with Mr. Vikash Uniyal, learned B.H. for the State and Mr. Rajat Pandey, learned counsel for respondent no.2. 2. Present C528 application is filed with the prayer to quash the entire proceedings of S.S.T. No.962 of 2023 (FIR No.316/2022), under Sections 147, 148, 323, 504, 506 of IPC and Sections 3 (2), (Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending in the court of District Judge, 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 147, 148, 323, 504, 506 of IPC and Sections 3 (2), (Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. Parties are present before this Court today and duly identified by their respective counsels. Parties have also filed their respective affidavits stating the above fact of compromise between them. 5. Learned State Counsel has formally opposed the compounding application. 6. However, the Hon’ble Apex Court in the case of Ramgopal and Another Vs. State of Madhya Pradesh reported in (2022) 14 S.C.C., Page 531, has permitted compounding of non- compoundable offences with the permission of Court even relating to the SC&ST Act. On perusal of the compounding application it has come out that the alleged offence was not committed on account of the caste of the victim. 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, the entire proceedings of S.S.T. No.962 of 2023 (FIR No.316/2022), under Sections 147, 148, 323, 504, 506 of IPC and Sections 3 (2), (Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending in the court of District Judge, Udham Singh Nagar, are hereby quashed qua the applicants. 8. C528 application stands disposed of in the aforesaid terms. (Alok Mahra, J.) 20.02.2025 BS