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2025 DAILYLAW 3161 (UTT)

CHHOTU PASWAN v. STATE OF UTTARAKHAND

C528/222/2025 · 2025-03-03

Alok Mahra

body2025

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No.222 of 2025 Hon’ble Alok Mahra, J. Mr. Sachin Panwar, Advocate for the applicant. Mr. Akshay Latwal, Brief Holder for the State of Uttarakhand. Mr. M.S. Bisht, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 12.02.2025 as well as cognizance/summoning order dated 20.02.2025 and the entire proceedings of Criminal Case No. 310 of 2025, pending in the Court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal 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 does not want to prosecute the applicant in the aforesaid case. It is reported that applicant is in jail. An authorization letter signed by the applicant for filing the criminal misc. application alongwith compounding application has been supplied by learned counsel for the applicant in the Court today, which is taken on record. 4. Respondent no.2 is present before this Court and is duly identified by his counsel. It is submitted by him that he has settled the scores. 5. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 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/1/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of Criminal Case No. 310 of 2025, pending in the Court of learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, are hereby quashed qua the applicant. Liberty is granted to the applicant, who is in jail, to approach the Magistrate concerned for obtaining the order for his release. 8. C-528 application stands disposed of. (Alok Mahra, J.) 03.03.2025 Arpan