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
2025:UHC:5214
(Compounding Appl. No.02 of 2025) In C528 No.84 of 2025 Hon’ble Ashish Naithani, J.
Mr. V.K. Kaparuwan, learned counsel for the applicant.
2. Mr. Vipul Painuly, learned AGA assisted by Mr. Prabhat Kandpal, learned Brief Holder for the State.
3. Mr. Vaibhav Singh Chauhan, learned counsel holding brief of Mr. Anil Kumar Dabral, learned counsel for respondent no.2.
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.2.
5. Applicant as well as respondent no.2 are present through V.C. They are duly identified by their respective counsel.
6. By means of this C528 application, applicant has sought quashing of the charge sheet dated 09.02.2023, cognizance order dated 15.12.2023 as well as the entire proceedings of Criminal Case No.5949 of 2023 State of Uttarakhand vs. Jitendra Kumar @ Sabu, for the offence punishable under Sections 420, 406 and 506 of IPC registered at Police Station Kotwali, Kotdwar, District Pauri Garhwal pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar.
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 opposed the compounding application.
9. Heard learned counsel for the parties and perused the material available on record.
10. The Coordinate Bench of this Court vide
order dated 04.06.2025 had directed the Member Secretary, Uttarakhand State Legal Services Authority, Nainital to file a report before the next date of listing. The Member Secretary, Uttarakhand State Legal Services Authority, Nainital, had filed a report qua the applicants, and submits a report that the parties have settled their dispute and they do not want to pursue the matter, any further.
11. 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.
12. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The charge sheet dated 09.02.2023, cognizance order dated 15.12.2023 as well as the entire proceedings of Criminal Case No.5949 of 2023 State of Uttarakhand vs. Jitendra Kumar @ Sabu, for the offence punishable under Sections 420, 406 and 506 of IPC registered at Police Station Kotwali, Kotdwar, District Pauri Garhwal pending in the court of learned Additional Chief Judicial Magistrate, Kotdwar are hereby quashed.
13. Accordingly instant Criminal Misc. Application stands disposed of.
(Ashish Naithani, J.)
20.06.2025 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: 2025.06.23 15:02:20 +05'30'