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2025:UHC:6660 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C-482No. 1258 of 2018 Hon’ble Ashish Naithani, J.
Mr. Nagesh Aggarwal, learned counsel for the Applicants.
2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand.
3. Mr. Kailash Chandra, learned counsel for the Respondent No. 2.
4. The present application under Section 482 of the Cr.P.C., has been filed on behalf of the Applicants against Respondent No. 2 – Smt. Sheetal Sood, seeking quashing of the cognizance and summoning order dated 04.08.2017 and the entire proceedings of Case No. 3713 of 2017, “State vs. Anil Rajput and Another” for the offence punishable under Sections 452, 427 and 504 IPC, pending before the Court of learned Judicial Magistrate, IInd, Dehradun.
5. The present matter is listed before this Court for disposal of the Compounding Application and for the report of the learned Secretary, DLSA, Dehradun, concerned. The report, as sought for, has been submitted by the learned Secretary, DLSA, Dehradun, before whom the parties were directed to appear. The report endorses the compromise between the parties, who were verified by the learned Secretary, DLSA, Dehradun.
6. On the basis of the said report, and upon the
submissions of
learned counsel for the parties, sufficient grounds are made out to allow the Compounding Application.
7. In light of the legal principles laid down by the Hon’ble Apex Court in Gian Singh vs. State of
2025:UHC:6660 Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony.
8. Per contra, the learned State Counsel objects to the Compounding Application on the ground that some of the offence are non-compoundable.
9. Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Case No. 3713 of 2017, “State vs. Anil Rajput and Another” for the offence punishable under Sections 452, 427 and 504 IPC, pending before the Court of learned Judicial Magistrate, IInd, Dehradun.
10. Accordingly, the Compounding Application is allowed. The entire proceedings of Case No. 3713 of 2017, “State vs. Anil Rajput and Another” for the offence punishable under Sections 452, 427 and 504 IPC, pending before the Court of learned Judicial Magistrate, IInd, Dehradun, are hereby quashed qua the present Applicants only.
11. The Criminal Miscellaneous Application filed under Section 482 of Cr.P.C., is accordingly disposed of.
(Ashish Naithani, J.) 30.07.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40 bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D2 05F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.30 17:54:23 +05'30'
2025:UHC:6660