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2025 DAILYLAW 2636 (UTT)

GOVIND SINGH RAWAT v. STATE OF UTTARAKHAND

C528/142/2025 · 2025-02-20

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 142 of 2025 Hon’ble Alok Mahra, J. Heard Mr. Akshay Joshi, learned counsel for the applicant, Mr. Akshay Latwal, learned counsel for the State and Mr. Vishwast Kandpal, learned counsel for respondent no. 2. 2. Present C-528 application is filed with the prayer to quash the further proceedings of Criminal Case No. 882 of 2024, State Vs. Govind Singh Rawat, under Sections 509 of IPC and Section 67 of Information Technology Act, pending in the court of Chief Judicial Magistrate, Pithoragarh, on the basis of compromise between the parties. 3. Along with present C528 application, a joint compounding application (IA No.1/2025) has been filed by the parties. In the compounding application, it is stated that the parties have settled the dispute amicably, parties are ready to compound the aforesaid case and the entire proceedings arises there-from. It is further stated in the compounding application that respondent no.2- victim does not want to prosecute the applicant in the aforesaid case. 4. Parties are present before this Court and are duly identified by their respective counsel. It is jointly submitted by the parties that they have settled their scores. 5. Learned State Counsel has formerly opposed the compounding application. 6. Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties, possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused. 7. Following the aforesaid ratio, present compounding application (IA/1/2024) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 882 of 2024, State Vs. Govind Singh Rawat, under Sections 509 of IPC and Section 67 of Information Technology Act, pending in the court of Chief Judicial Magistrate, Pithoragarh, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 8. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.) 20.02.2025 Ujjwal